On Development Status and Improvement of Labor Dispatch System in China
|School||Ocean University of China|
|Keywords||labor dispatch equal pay for equal work employer responsibility|
Labor dispatch is a kind of legislative practice which is carried out when the relevant theory in Law on Employment was still incomplete. Although strict regulations were specified in Law on Employment, the deficiencies in theory provide no protection for dispatched workers’ legal rights, finally the stability of labor relations is seriously affected. Due to the double sides of labor dispatch:i.e. it has the positive side of social influence and economic values and its huge negative influence if inappropriately handled. In order to make the most of its function and to achieve the win-win and multi-win solution, it was necessary to regulate the labor dispatch from the proper balance point and improve and complete its legal system of labor dispatch as soon as possible. The Law on Employment provides the theoretical guideline on the way to search for proper balance point of labor dispatch.The soul of Law on Employment i. e. the legislative purpose, determined the legislation direction, position and basic property, which served as the important guideline for establishment of labor contract system. In order to realize its purpose to protect the legal rights of labor, Law on Employment set strict and carful legal restrictions for the range of labor dispatch, strict admittance criteria for the subject, rights of multiple-subjects and responsibilities and duties and etc., which provide legislative criteria for solving problems in labor dispatching and make great contribution to legal rights protection of dispatched workers, promoting the construction and development of harmonious and stable labor relations. However, there is discrepancy between labor dispatch legal system and the legislative purpose of Law on Employment in actual legal practice. The low threshold for admittance of labor dispatch in our county gives rise to expand the rights of dispatch entity and the employing unit, the protection for dispatch entity and employing unit far outweighs the dispatched workers; the regulation on legal rights of dispatched workers is too theoretical and poor in practice, which failed to guarantee the legal rights of dispatched workers; the responsibility distribution between dispatch entity and the employing unit is unequal, heavy responsibility on the shoulder of employing unit and excessive protection for the rights of dispatched workers will lead to violate the legal rights of the dispatched worker in the end; the effective relief cannot be reached by the dispatched workers when their rights were violated due to incomplete rights relief mechanism. Therefore, to realize the legislative purpose of Law on Employment and protect the legal rights of the three major entities in labor dispatch, the labor dispatch legal system should be improved and completed as soon as possible.