The Consideration Of Dispatched Workers At Accepting Entity

Because of its simplified management procedures, less labor disputes, lower risk and responsibility, lower labor costs, autonomy and flexibility, the labor dispatch system was quickly adopted by the developed countries since it appeared at the early 1920’s. In recent years, the labor dispatch system has been developing in a tremendous way and has become one of the effective ways of labor resource allocation. Since the poli-cy of reform and opening, China has also gradually introduced the labor dispatch. However, China’s labor dispatch system is in its infancy. As a new way of employ-ment it still faces the reality of lacking of a thorough legal norms and protection. So there has been in practice many issues, such as unequal wages for the same work, low insurance benefits, difficulty of wage growth, "false dispatch", democratic rights cannot be achieved, ambiguity of methods of bearing legal responsibility and so on come about. As the most comprehensive nation for labor protection, Germany expe-rienced since the labor dispatch system appeared in 1962 a process from forceful op-position to gradual deregulation and then also established more perfect labor dis-patching rules and regulations. In consideration of the developing situation of labor dispatching in China, it is very necessary to for us to refer to the legislative practice and experience of Germany.Comparing with the two-sides-legal relationship between employer and employee, the labor dispatch which refers to three-sides-legal relationship (labor dispatch service provider, dispatched laborer and accepting entity) is more complicated. During the dispatching period the dispatched workers should not only be restrained by labor dis-patch service provider, but also be bound by accepting entity. How to protect the basic labor rights of dispatched labors in this complex relationship should have been the focus of the national labor laws. Therefore, in this article, the author will pay attention to introduce how the labor dispatching law and Betriebsverfassungsgesetz protect the rights of dispatched workers in accepting units under the German labor dispatching system. The author hopes this article can be used for reference and contribute to the development of the laborer protection in China. The main contents are as follows:Introduction:the author outlines the German Betriebsverfassungsgesetz and the threshold values therein and explains the reasons for writing this paper and the struc-ture of the paper.Part Ⅰ:the author describes the German labor dispatching system in detail, analyzes the problems of labor dispatching in practice as well as some of the latest develop-ment and changes.Part Ⅱ:the author focuses on the concept of employee in Betriebsverfassungsgesetz, namely the "Dual Elements Theory" and its new development.Part Ⅲ:the author describes the regulations of Betriebsverfassungsgesetz about the status and rights of dispatched workers at labor dispatch service provider.Part Ⅳ:the author gives a detailed analysis of the status and rights of dispatched worker at accepting unit. First is the study of the rights of dispatched workers at ac-cepting unit; Then the author analyzes two cases of the Federal Labor Court and in-terprets from different angles to ensure whether they can extend the other provisions with threshold values in Betriebsverfassungsgesetz.Summary:At last the author concludes the aforementioned questions.