On The Improvement Of Labor Dispatch Contract Termination Rules

In view of the widespread practice of labor dispatch, Labor Contract Law in2008 specifically for dispatching system for the rules. Labor dispatching system in the concrete practice, however, appeared a variety of negative phenomena, therefore, the standing committee of the National People’s Congress in 2012 passed the "about the decision of the modification of the Labor Contract Law", systematically the labor dispatching system in China was revised. The main purpose of the revision is to suppress various negative phenomena in labor dispatching labor relations, labor dispatching industry more standardized in China. In the revision of labor dispatch relationship sending unit access conditions, set up the threshold, applicable scope and the rights and obligations of the parties bear all make the detailed rules and termination of the contract system in the labor dispatch relationship also has complete provisions in the labor dispatch legislation. After that, in 2014, human resources and social security ministry issued the interim provisions on labor dispatch, the relationship of labor dispatching is the supplementary provisions of termination of the contract issues. Our country’s labor dispatching lift system with a complete system.However, from the perspective of legal regulation, the current Labor Contract Law the labor dispatching system of termination of the contract with the interim provisions on labor dispatch in lifting system of a complete system shows the characteristics of not harmonious. First of all, from the point of the legislative purpose,the present legislation purpose deviation of each other; Secondly, from the point of specific content, the content does not have the effect of complement each other; Third,from the perspective of law, there must be conflict relationship. In addition, the labor dispatch system also has a unit to terminate a contract with the employer’s right to return with the termination right paper analyzes, the effectiveness of the right of rescission and labor dispatch agreement of laborer conflicting issues. These problems will inevitably cause labor dispatching system obstacles in actual operation. Therefore,it is necessary from the legislation purpose of standardization, employers the right to terminate a unified, workers returned to the right of termination right coordination, etc,with unit of choose and employ persons to further perfect our country’s current labor dispatching system of termination of the contract.