Defects And Perfection Of Labor Dispatching Mechanism

The labor dispatch mechanism is a reverse operation system for labor dispatch,including the return mechanism of the laborers to the laborers,and the dispatch unit relieves the relieving mechanism of the returned laborers.Because of the principle of tilting protection of laborers in our labor law and the special relationship between labor dispatch and standard labor relations,it is necessary to make clear that there is no labor relationship between the labor unit and the dispatched workers.Between the close contact between the two to prevent the occurrence of fault.At present,there are three types of defects in the process of labor dispatch and resettlement mechanism: First,the application scope of the withdrawal mechanism is not clear in the applicable conditions of the resettlement mechanism,the application standard is fuzzy,the program specification is not perfect three defects;Second,in the responsibility system appeared on the illegal return of the identification of the standard,"continue to fulfill" encounter real dilemma,and the lack of recovery of labor dispute handling mechanism three issues;Third,at the regulatory level,labor security supervision appears weak supervision,Lack of professional ability,lack of evidence and other issues.In order to improve the above defects,we must prescribe the disease,for the first type of defects,the legislation must be strictly detained the application of the situation,to prevent further expansion,a clear retirement situation of the applicable standards,improve the employment unit retired workers procedural norms;The need for procedural matters as a measure of whether it is a legitimate return of the standard,and in a particular case,"continue to fulfill" must be implemented to restore the level of labor relations,and the controversy into the scope of labor disputes;Three types of problems,need to strengthen supervision,improve the professional team and the forensic ability.Thus,through the aforementioned three types of measures to make up for the current labor dispatch mechanism in the defect.