| With the reform and opening up as well as the development of socialist market economy,China’s labor market is becoming more and more active,and the forms of labor force are becoming more and more diverse.Therefore,the development of labor dispatch is also developed in line with the trend.China’s labor and employment policy is "workers independently choose jobs,the market regulates employment,the government promotes employment and encourages entrepreneurship",and gradually diversified forms of employment.The sound development of labor dispatch is conducive to providing more jobs,promoting flexible employment and diversified forms of employment.Labor dispatch,as a special employment form,has special requirements on the protection of the rights and interests of dispatched laborers,which is different from the standard labor employment form.General secretary xi jinping pointed out in the work report of the 19 th national congress of the communist party of China that "employment is the biggest livelihood of the people" and "adhere to the idea of people-centered development".In the new era,the study on the protection of the rights and interests of dispatched workers is still an important topic in the study of labor law.As a representative of a special form of employment,labor dispatch has been developing for only about 40 years in China.With the reform and opening up,its development speed is amazing.Both the number and the proportion of labor dispatch are far higher than those in Europe and America,but its legal regulations are not as mature as those in Europe and America.Until the "labor contract law" on January 1,2008 officially issued and implemented,to legalise dispatching employment way,after the law of the People’s Republic of China labor contract law implementation regulations "," labor contract law revision to further improve the legal system of labor dispatch,improve the labor dispatching business threshold,shi Ming meaning of equal pay for equal work,the applicable scope,restrict labor dispatching labor dispatching for temporary,auxiliary,alternative job requirements,improve fines and modify the joint and several liability system.On July 1,2013,the administrative licensing implementation measures for labor dispatching was promulgated in order tostandardize the qualification examination of labor dispatching subjects,and on March1,2014,the provisional provisions on labor dispatching was promulgated.However,the regulation of labor dispatching is still not perfect,and there are still many disputes and problems in labor dispatching.Disputes over labor dispatch have been ongoing.There are many fake dispatches such as self-dispatch,collusion dispatch and self-dispatch,and many illegal ones such as non-participationing social insurance,non-labor contract and treatment discrimination.The root of these problems is to damage the legitimate rights and interests of dispatched laborers.How to protect the legitimate rights and interests of dispatched laborers involves people’s livelihood,and is related to the country’s pursuit of building a harmonious labor relationship.Employment is the foundation of people’s livelihood,and competition in the job market is fierce.Laws should protect the rights and interests of dispatched workers.It is the value orientation of labor law to protect the workers,and the protection of the rights and interests of dispatched workers is also the first issue to be paid attention to.This paper studies the protection of dispatched laborers’ rights and interests,analyzes the reasons that hinder the realization of dispatched laborers’ rights and interests,and finds out the ways and methods to solve the problems and realize the protection of dispatched laborers’ rights and interests.Through comparative analysis,literature analysis,normative analysis and case analysis,this paper studies the protection of dispatched laborers’ rights and interests.Starting from the rights and interests of dispatched laborers,this paper analyzes the rights and interests of dispatched laborers in combination with the management characteristics of the dispatching unit and the employing unit in labor dispatch,and expounds the subjects of the protection of the rights and interests of dispatched laborers.In combination with the actual situation of labor dispatch,the author finds out the practical reasons that hinder the rights and interests of dispatched laborers,such as the uncertainty of the legal status of the employing unit,the malady of the labor dispatch system,and the consistency of the interests of the employing unit and the dispatching unit.On the basis of drawing lessons from the provisions of the labor dispatch system of the United States,Japan and other countries,combining with the theoretical analysis of the tripartite relationship among the employing unit,dispatching unit and laborers in labor dispatch,this paper discusses and protects the rights and interests of dispatched laborers from the perspective of responsibility and supervision and management. |
