| The report of the 19 th national congress of the communist party of China pointed out that employment is the greatest livelihood of the people.Employment involves the vital interests of Qian Qian’s 10 million workers and is an important guarantee for China’s economic development and social harmony.At present,China’s labor employment policy has been adjusted to " workers choose their own jobs,market regulation of employment,the government to promote employment and encourage entrepreneurship",employment forms gradually diversified.With the development of employment in more than 40 years after the reform and opening up,labor dispatch,a special form of employment,has gradually developed.Labor dispatch can reduce labor costs,transfer and resolve labor risks,which is favored by more and more employers.Labor dispatch has become an important part of the socialist economic system because of its wider use and increasing number of workers involved.Thedevelopment of everything is divided into two,labor dispatch is beyond.In the process of rapid development,all kinds of negative problems about labor dispatch followed,the most important of which is that the rights and interests of dispatched workers can not be effectively protected.China’s labor dispatch can be said to be spontaneous development,long-term lack of relevant laws and regulations of the adjustment and specification.The implementation of " labor contract law" fills the gap of labor dispatch can not be relied on,clear the labor dispatch unit design conditions,labor dispatch contract period,the rights and obligations of relevant stakeholders,applicable positions,etc...Subsequently,the detailed rules for the implementation of the labor contract law and labor dispatch management regulations have been promulgated to further improve the legal system of labor dispatch,but the overall regulatory effect is not ideal.Labor dispatch belongs to the special labor relations,dispatched workers by sending unit and the employing unit of dual management,although the " labor contract law" provisions of the sending unit and the employing unit in the protection of the rights and interests of dispatched workers bear joint and several liability,but the dispatched workers’ rights and interests once violated,often nowhere to sue.Labor dispatch,as a form of employment,has become a tool for employers to avoid employment risks and reduce the cost of employment,which is not conducive to the protection of the legitimate rights and interests ofworkers and the construction of harmonious and stable labor relations in China.This paper begins with a review of the research on labor dispatch,defines the concept of labor dispatch accurately,and analyzes the specific situation of the rights and interests of dispatched workers in Baotou labor dispatch,such as the difficulty of " equal pay for equal work",poor employment stability,lack of labor security,less vocational skills training opportunities and difficulties in joining trade unions.The reasons for the protection of the rights and interests of the dispatched workers are complicated,including the defects of the system design itself and the loss of government supervision,the subjective profit-seeking behavior of the employing unit and the weak position of the workers in the market.Therefore,in order to solve the problem of protecting the rights and interests of workers in Baotou labor dispatch,based on the advanced experience of the developed countries in the management and control of labor dispatch industry,this paper puts forward a package of measures to improve the protection of the rights and interests of dispatched workers from three levels of government,enterprises and workers.Hope through this study,can effectively protect the legitimate rights and interests of dispatched workers,and guide the labor dispatch industry to the formal development path,so that more workers in the labor dispatch industry have decent work,so that labor dispatch foreconomic and social development to contribute more power. |
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