Study On The Protection Of Rights And Interests Of Dispatched Workers In China

With the steady and rapid development of our country’s economy,the economic normalization is more and more significant,gradually showed a trend of diversification of the market economy,plus the number of workers in China is more,the enterprises and institutions industry present situation be complicated and diversified,followed by China’s labor market supply and demand relationship began to change dramatically,enterprises and institutions in order to reduce labor costs,According to the demand of the labor market,the development of labor dispatch industry is also natural.There is no doubt that the emergence of labor dispatch greatly saves labor costs,stimulates the market vitality of labor dispatch,and has a positive impact on China’ s employment with more flexible labor methods.The emergence of labor dispatch,a new labor mode,gradually conforms to the development of society,but there are also problems that can not be ignored.The most obvious problem is that the legitimate rights and interests of workers can not get corresponding legal protection,such as different pay for the same work,labor health and safety can not be guaranteed,the remedy approach is not perfect.The labor dispatch industry in developed countries,represented by the United States,develops earlier than that in China.The analysis and reference of relevant legal systems on the protection of rights and interests of overseas dispatched workers has played a positive role in the protection of rights and interests of overseas dispatched workers in China.The author believes that the protection of the rights and interests of the dispatched workers needs the improvement of the multi-subject legal system.Therefore,in order to effectively protect the legitimate rights and interests of the dispatched workers,it is necessary to build a long-term mechanism by multiple parties.This paper can be divided into six parts:The first chapter is the introduction.The author starts from the research purpose,research background and research significance of the rights and interests of the dispatched workers,and analyzes the necessity of the protection of the rights and interests of the current workers.The scope of this paper is mainly around how to protect the rights and interests of China’s dispatched workers to carry on the theoretical elaboration and improvement.According to the national conditions of different countries,the legal provisions of labor dispatch are also very different,as soon as possible to fill the legal loopholes,which is particularly important for the protection of the rights and interests of dispatched workers.The second chapter is an overview of the protection of the rights and interests of dispatched workers.The protection of rights and interests of dispatched workers is not only in the material level,but also in the spiritual level.Dispatched workers,as a special group of workers,should have their basic rights,such as labor freedom,safe work,equal pay for equal work,collective rights and so on.Through the study of the special relationship between the three parties,the necessity of rights and interests protection is further analyzed.The third chapter is the reasons for the problems in the protection of the rights and interests of the dispatched workers in China.At present,the dispatched workers are still in a weak position in the majority of the labor groups,and there appear to be "two employers".However,both sides neglect the protection of the rights and interests of the dispatched workers in real work,and it is difficult for the workers to get rid of the fate of damaged rights and interests.In practical work,employment inequality often occurs,and it is difficult to guarantee equal pay for equal work and the right to occupational safety and health.As a result,the responsibilities of the rights and interests of the dispatched workers are not clearly divided,and it is difficult to implement the details in practice.The fourth chapter is the investigation and enlightenment of the protection system of the rights and interests of overseas dispatched workers,this article through to the expatriate workers rights and interests safeguard outside of introduce and analyze the related legal system,the United States,Germany,Japan,the three countries on the provisions of the labor dispatch,summarizes the various countries legal measures of protection of the rights and interests of the dispatched workers,combined with China’s current legislative situation,Thus the enlightenment to the protection of the rights and interests of the dispatched workers in China is triggered.The fifth chapter is the suggestion of improving the protection system of rights and interests of dispatched workers in China,through the analysis and study of the above chapters,combining the situation of our country,draw lessons from the legal system of protection of the rights and interests of the dispatched workers outside of our experience,complement each other,in the liability subject,sending unit entry barriers,regulation and other aspects practical constructive Suggestions are put forward.The sixth chapter is the conclusion.With the rapid development of market economy,labor dispatch will be more and more welcomed by enterprises,and the rights and interests of dispatched workers are often damaged.Only by constantly revising the relevant legal system can the protection of workers’rights and interests be realized.This paper provides some legal opinions to improve the protection of rights and interests of China’s dispatched workers,hoping to contribute to the development of labor dispatch industry and social stability.