Research On Returning System Of Labor-Services Dispatching

The returning system of labor-services dispatching refers to the treatment when the employing unit has no right to exercise the rescission or termination, but statutory termination or termination happens, the employing unit return the dispatched laborers and their dispatch agencies deal with. Labor dispatch as originated in the United States and abroad a large number of using a labor operation mode, have the efficient use of human resources, promote the rational flow of talent. Although labor dispatching in China started late, but development speed is fast, at the same time, the return system of labor services dispatching is very chaos with the lack of a perfect law rules system. The return system of labor services dispatching, as the most affected part about the interests of laborer in labor services dispatching, its legislative incomplete will make the employment rights of laborer is in a state of extreme insecurity, it is not conducive to a harmonious labor-capital relations and the prosperity and stability of the Labor market, it needs to be perfected.In this paper, I try to evaluate the return system of labor services dispatching in our country with more perfect proposal from the following four aspects:The first part introduces the basic theory of the return system of labor services dispatching. This system has the following characteristics:it has tripartite subject in the relationship of returning, the main body of right to recover is the employing unit, the reason of returning is legal, the return of labor dispatching does not necessarily cause the termination of labor relations, etc. This system principle corresponds to the slope protection with laborer labor law, as opposed to dismissal Protection, and adapts to the reality demand, has great significance in the necessity about legal the regulation of labor dispatching. The return of labor dispatching is difference to dismiss, layoff and resign notwithstanding the internal relation, should be different from of them.The second part covers the evaluation about the return system of labor services dispatching abroad. Labor dispatching market starts late in our country, the return system of labor services dispatching is just beginning, is not complete, should actively learn advanced experience from foreign, eclecticism, to promote the improvement of the return system of labor services dispatching. In this section, the author introduces regulations on returning of labor services dispatching in Germany, Japan, the UnitedStates, France, and in this basis, summed up the lessons for China.The third part is about the summarizes from the return situation, processing about legal return and the responsibility of illegal return these three respects in the return system of labor services dispatching in China and the comment on shortcomings. The shortcomings mainly concentrated, the line in provisions about labor dispatching return and dismissal is not clear in the current, legislation definition in able about agreement is confused, the censorship about the dispatching return by the employing unit is not establish and the responsibility of illegal return is not stipulate perfectly.The fourth part goes to the suggestions to perfect the deficiency of current legislative, there are mainly set dispatching back and firing line, clear return situation can be agreed, establish a unit to the censorship, and perfect the illegal dispatching return relief procedure from three respects, the treatment of pay is according to the original standard, can ask damages, the different and complementary joint liability should be called to employing unit and employer after illegal return.