Study On The Protection Of Rights And Interests Of Dispatched Workers

As a typical representative of non-traditional labor and employment relationship,labor dispatch has the advantages of saving labor cost of enterprise human resources.However,with the rapid development of China’s labor dispatch industry,the quality of labor dispatch enterprises also presents a situation of mixed good and bad,and the rights and interests of those workers who are dispatched are often damaged.In order to regulate the labor dispatch industry toward a benign direction of development,but also in order to better protect the rights and interests of those dispatched workers.China has successively introduced relevant labor laws to strengthen the protection of the rights and interests of those workers who are dispatched.However,there are still a lot of controversial problems that have not been solved in practice.For this reason,this paper puts forward some corresponding suggestions on the existing problems in the protection of the rights and interests of the dispatched workers.The specific content of this paper is as follows:First of all,this paper starts with the connotation of specific rights and interests protection,understands the basic concepts of workers’ rights and interests in detail,and elaborates on its specific types in an all-round way.At the same time,it continues to discuss the legal relations between the parties in the labor dispatch,and narrates the theoretical basis of the protection of the rights and interests of the dispatched workers,including the theory of fairness,the theory of labor market discrimination,the theory of equal employment,the theory of tilted protection.Then the present situation is analyzed.On the one hand,it elaborates China’s relevant legal regulations on labor dispatch and the relevant contents of legal protection for those dispatched workers.On the other hand,it puts forward some problems about the protection of rights and interests of dispatching laborers in China.Among them,the protection of the equal right system is insufficient and so on.In addition,the cause of the existing problems is analyzed systematically.After that,mainly through the United States,Germany,Japan these three countries related to the investigation of labor laws,combined with the actual situation of our country,put forward a certain reference experience.These include strict and standardized management of dispatching units,clear responsibilities of dispatching units and employing units,scientific limitation of the applicable scope of labor dispatch,strengthening the protection of the equal right of dispatched workers,and giving play to the role of trade unions.Finally,based on the relevant issues raised in this paper and the redeeming points of China’s foreign labor laws,this paper puts forward some suggestions to improve the protection of the rights and interests of dispatched workers in China.In general,it is carried out from the following perspectives,including the implementation of the dispatched workers’ right to equal pay for equal work,the improvement of the management system of the dispatched units,the regulation of reasonable employer responsibilities,the improvement of the trade union system,the strengthening of labor supervision,and the strengthening of the workers’ consciousness of safeguarding their rights.