Research on legal issues related to the labor dispatch system of our country
|School||Liaoning Normal University|
|Keywords||labor dispatching system Staffing firms Placed employees Acceptingunits|
Labor dispatching is a special kind of labor model, is staffing firms and placedemployees sign labor contract, then turn the accepting units sent the employee, so theaccepting units workplaces accepting unit labor, accept the direction and supervision,complete the combination of Labour and production data. It is a human resourceallocation way, and is also a form of employment, the most important characteristic isits "employment" and "use" phase separation, legal relations involving three aspectssubject and two contracts. For this kind of special labor model, our long-term lack ofeffective legal regulation, in practice, generally exist many problems, seriously affectedthe normal development of staffing firm industry. Along with our country "laborcontract law of the People’s Republic of China (hereinafter referred to as the laborcontract law) and the PRC regulations for the implementation of labor contract law(hereinafter referred to as the regulations for the implementation of labor contract law ofthe People’s Republic of China), of labor dispute mediation and arbitration law(hereinafter referred to as the labor dispute mediation and arbitration law), thepromulgation and implementation of the provisions of the relevant service dispatchingand fill the blank of our country labor dispatching legislation, marking the staffing firmlegal system in China for maintaining formal establishment were dispatched to thelawful rights and interests of labourers regulating Chinese labor dispatching market,constructing the harmonious society is of great significance to labor relations. But, ourcountry "labor contract law enacted after, to want to use labor dispatching the acceptingunits employing way of already engaged in labor dispatch, and numerous business forfirms. Happy is the way to clear legal finally certainly and admit this new type ofemploying way; Of care is between the lines, the law of labor dispatching labor has a lotof limitation, in the actual operation and applicable will encounter many issues that theprovisions of the law is to pay the fare. As dispatched laborer also produce also havemany doubts and confused, and this new legal relationships will ever security yourself?How to practical or maximum safeguard their legitimate rights and interests? Theseproblems can be solved.This article through to the current labor dispatching system of relevant legalprovisions in China is analyzed, and the problems existing in the practice, use forreference foreign legislation experience, with the reality of our country, puts forward the labor dispatching system related laws and regulations, so as to make Suggestions of ourcountry labor dispatching system can more healthy and orderly development.This paper mainly by five parts: the first part is dispatching system overview. Fromlabor dispatching concept, characteristic and classification of dispatching system,expounds the difference between related system, and the labor dispatching three aspectsof the legal relationship among subjects are analyzed; The second part of theestablishment of research staffing firms. Mainly from our country "labor contract law"set up to the provisions of the staffing firm, and analyzes its shortcomings, to studyabroad by the provisions of the staffing firm, set up perfect our staffing firms proposedestablishment Suggestions; The third part research labor dispatching and equal pay forequal work problems. First to labor dispatching the provisions in the principle of equalpay for equal work, and then points out that under the system of equal pay for equalwork regulation staffing firm the disadvantages and co-workers to different paid harm,and finally puts forward some measures to ensure equal pay for equal work right realize;The fourth part research labor dispatching term and range problems, use for referenceforeign legislation, and pointed out the scope of the time and labor dispatch the law isinsufficient, puts forward several Suggestions on improving labor dispatching deadlineand the scope of legal provisions suggestion; The fifth part research services dispatchlegal responsibility problems. In the current legislation introduced to staffing firms andthe accepting units responsible regulation, through using foreign relevant staffing firmsand the accepting units responsibility experience, puts forward the staffing firms and theaccepting units responsibility suggestion.This paper the innovation points: for our current legislation by the provisions of therelevant service dispatching system analysis and combining practice labor dispatchingseveral legal issues in the system, and points out that at present our country related lawsexist some disadvantages, the corresponding specific Suggestions for the staffing firm,such as the establishment of the qualification examination and strict licensingexamination system, the Labour administrative department expressly prohibitsinappropriate intervention; Clear the burden to ensure equal pay for equal work belongs;Distinguish staffing firms and the accepting unit’s liable, balance the rights andobligations of the two, and so on.