The Legal Regulation In Improper Labor Dispatching

Labor dispatching system is a new employment method which originates fromwestern countries accompanied by the rapid development of industrial society.Depending on the advantages of low management cost of personnel, flexibleemployment method and employment promotion, it is widely applied. Sinceimplementing reform and opening-up policy, it is applied by our country due to itslow cost and flexible employment. However, the lack of legal awareness andprofit-oriented main market players cause legislative defects which further lead to adeformed development of labor dispatching system that large amount of inappropriateand illegal labor dispatching occur. At present, it is a crucial stage to rule country bylaw, construct system of socialist laws and transform economical structure. The ThirdPlenary Session of the Eighteenth CPC Central Committee put forward that “weshould adhere to the reform direction of socialist market economy and take promotingsocial equality and justice, improving people’s happiness as starting point andobjective”. Furthermore,“rule by law” is the theme of Fourth Plenary Session of theEighteenth CPC Central Committee which also explains the overall construction goalfor “rule by law”. As an important departmental law of socialist lawsystem, labor lawplays a great role to protect labors’legal interest, balance socialist labor relationshipand even maintain a harmonious relationship among all orders of society. Therefore,perfection of labor law is a vital link to perfect socialist lawsystem. In reality, theselaws related to labor dispatching are not perfect and the inappropriate and illegallabor dispatching happens occasionally which causes to violate the legal interest oflabors. The social harm and the method to solve these situations are still the maintasks for people in the theoretical cycle and practical cycle. Based on this viewpoint,this paper will analyze and study the perfection of improper law dispatching and thenpropose corresponding solutions.This paper is divided into four parts. The first part is the theoretical explanationof labor dispatching. It will analyze the features of labor dispatching, narratedevelopment situations and summarize theories about labor dispatching at home and abroad. The second part includes the pattern of manifestation and social harm ofinappropriate labor dispatching. In this part, it will point out the patterns ofmanifestation such as public labor dispatching, conspired labor dispatching,anonymous labor dispatching and self-determined labor dispatching and then analyzesocial harms. For instance, inappropriate labor dispatching may be harmful to theconstruction of harmonious labor relationship, stabilization of society and violatefairness and justice. Based on the second part, the third part will put forward currentissues caused by inappropriate labor dispatching which mainly refer to defect andimperfection of present laws including unclear relationship between employer andemployee, imperfect laws and regulations of labor dispatching enterprises, lessdetailed treatment between dispatching employees and other common employees andimperfect employer responsibility system. Besides, ineffective supervision is stillneeded to be solved. The fourth part is the perfecting suggestion for labor dispatchingsystem. The perfection principles of inappropriate labor dispatching include principleof protecting labors’ legal interest, principle of fairness based on responsibilityassignment, principle of balanced interest among multi-subjects. As to the valueorientation, it should protect legal interest of vulnerable groups and define methods tobear responsibilities for employers who conduct inappropriate labor dispatching. Onthis basis, our inappropriate labor dispatching system will be perfected throughperfecting relative laws, emphasizing on recruiting employees by law, strengtheningenforcement efforts of functional departments and constructing protection measuresfor labor union and industrial association. Consequently, our labor dispatching systemwill have a positive influence on economic development, protect labors’ basic rightsand realize social fairness and justice.