The Orientation And Effectiveness Of Labor Dispatch System In China

Labor dispatch is a kind of employment method widely used by various enterprises at present.The dispatching organization has reached an agreement with the employing enterprise.After recruiting the dispatched workers,they will be sent to the enterprise to work according to the agreement.The dispatched party and the dispatched worker will also sign labor contracts and pay workers remuneration.The labor dispatch system has realized the flexible employment of laborers.It also uses the labor needs of the employing units to be met in a timely manner,and has improved the phenomenon caused by some laborers due to information asymmetry: "frictional unemployment"(That is,unemployment caused by the time elapsed between workers wanting to work and getting a job).It is also possible to mediate the dislocation of labor supply and demand,in which the labor dispatch system plays a positive and positive role.However,because of the continuous profit of labor dispatch units and employment units,the labor dispatch system has been abused.This paper intends to make reference to the development of labor dispatch system at home and abroad,explore the original intention and the proper position of the labor dispatch system,analyze the problems and causes behind the abuse of labor dispatch in China,and explore the suggestions and countermeasures to solve this situation.The introduction of this article mainly introduces the three stages of the development of China's labor dispatch system and plays an important role in the current problems and proposed solutions;In the first chapter,the author mainly introduces the concept and characteristics of the labor dispatch system,describes the development process of labor dispatch at home and abroad,expounds the main legal basis of China's labor dispatch system,and makes a holistic description.In the second chapter,the author analyzes the "restrictive" position of the labor dispatch system in China,and analyzes the current situation of abuse of the labor dispatch system in China by describing the "dislocation" of labor dispatch units,employment units and dispatched workers.In the third chapter,the author analyzes the legal reasons for the departure of the effectiveness of the labor dispatch system in China.From both the legislative level and the implementation level,he concludes that the internal logic of the "three-nature" provision of labor dispatch is unclear,and the scope of application of labor dispatch exists outside the law.The legal liability for improper labor dispatch is biased;Avoidance of the obligation to conclude open-ended Labour contracts with workers;(b)To circumvent the protective provisions of laws and regulations concerning dismissal of workers;Breaking through the standard requirement of the law on equal pay for equal work is the fundamental reason that leads to the departure of the effectiveness of the labor dispatch system;In the fourth chapter,the author further standardized the scope of application of labor dispatch under the analysis of the basic applicable conditions for regulating labor dispatch.We will improve the operability of the system of equal pay for equal work for labor workers,strengthen the legal liability system for improper labor dispatch,and improve the industry and administrative supervision of labor dispatch workers,and put forward legislative proposals,institutional ideas,and countermeasures to solve the abuse of the labor dispatch system in China.In order to solve the current situation of abuse of labor dispatch and improve the effectiveness of the labor dispatch system.