A Study On The Rights And Interests Of Dispatched Laborers

From the upsurge of labor dispatch in the 1980 s to the widespread use of labor dispatch today,the traditional mode of employment has been largely replaced by labor dispatch.From the labor dispatch employment practice,due to the separation of employment and employment,dispatched workers are in a more vulnerable position.Labor dispatch has gradually become a synonym for evading risks and responsibilities.How to protect the rights and interests of dispatched workers has become a real need to be urgently solved.Judicial practice can be said to be a weathervane for testing legislative achievements.Therefore,the paper uses empirical and case analysis research methods to sort out and analyze the judgment results and reasons of labor contract performance,equal pay for equal work,social security disputes in labor dispatch cases by selecting 80 judgment documents of labor dispatch workers’ rights and interests cases in the top three cities in the eastern,central and western regions of China in the past five years,based on the ranking of urban GDP in 2017.On this basis,problems are found,theoretical analysis is carried out,and effective and perfect suggestions are put forward.Through the arrangement of judicial documents,the following problems exist in the trial of labor dispatch cases: first,it is difficult for dispatched workers to provide evidence,which leads to the trial result being unfavorable to them;Second,the provision on equal pay for work of equal value is too principled,judges cannot measure whether the remuneration for work of equal value violates the provision on equal pay for work of equal value,and the right of dispatched workers to receive equal pay for work of equal value is not guaranteed in substance.Third,the law clearly stipulates that employers are required to pay social security for workers,but in practice there are still a large number of dispatched institutions that fail to pay social security for dispatched workers,thus not only the enterprises themselves suffer losses,but also the workers’ losses cannot be compensated promptly.Fourth,reverse dispatching is not prohibited or punished,which leads to different trial results in different regions,not only impairing judicial dignity,but also hindering dispatched workers from obtaining labor remuneration and realizing their right to economic compensation.This paper puts forward the following suggestions for the problems found: First,perfect relevant legislation,including reasonable distribution of legal responsibilities for labor dispatch,refinement of the standard of equal pay for equal work,and establishment of a time limit for special labor dispatch;Secondly,legal requirements should be put forward for the dispatched institutions and units to enhance the legal awareness of the dispatched workers and strengthen the implementation of the legal responsibilities of the dispatched institutions and units to be dispatched.In addition,we will speed up the functional construction of relevant functional departments to enable all parties to actively participate in the standardized use of labor dispatch and actively protect the legitimate rights and interests of dispatched workers.