The Research Of Legal Regulation Of Disguised Temporary Work

Temporary work as a flexible employment pattern, for our country to bring convenient employment, promoting the development of the labor market at the same time, also caused the complication and diversification of labor relations, hitting the traditional labor relationship. Constantly improve, with China’s labor legal system of labor dispatch legal regulation strictly, free between civil law and labor law the outsourcing of recruitment to replace labor dispatching labor become the new trend of accepting responsibility. Labor dispatching labor costs and increased risk of law, legal defects of outsourcing, labor dispatching and outsourcing involves the relations and similar forms such as reasons for the phenomenon of "false outsourcing, true to send”.Disguised Temporary Work cover the essence of the labor dispatching in the form of service outsourcing, artificially make two employment patterns intertwined, distorted the normal order of labor, to the laborer and the Labor market has brought many negative effects, makes the "labor contract law" and "standard of the interim provisions on the labor dispatching labor dispatching employment practices to safeguard the legitimate rights and interests of labor dispatch workers cannot implement, regulate disguised temporary work behavior is imminent. In order to regulate the improper labor dispatching labor phenomenon, the interim provisions on labor dispatch made relevant provisions of article 27, but the rules seem to the standard of the judgment and labor dispatch service outsourcing, the Disguised Temporary Work as labor dispatch, but the provisions are too broad, and no actual operability, disguised temporary work become a big problem in the judicial practice. For this reason, this paper puts forward the regulation disguised temporary work legislation and judicial Suggestions. At the legislative level perfect outsourcing and dispatching definition, clarity in the outsourcing labor law and the legal responsibility, the main responsibility for expanding the scope of the labor dispatching joint and several liability subject; In the law enforcement level, strengthen the supervision and guidance of labor dispatch.