Dilemma and legislation of labor dispatch
|Keywords||labor dispatching Practical difficulties To perfect legislation|
Along with our country reform and opening up process of practice, the ranks of theworld leading economy in our country, the economic development is bound as a bigcountry of China highlights the difficult employment problem. To solve the problem ofthe world, our country employment mechanism in the west were introduced into agradually, labor dispatching labor. Labor dispatching employment in our country can beonce talent leasing, employment agencies, outsourcing and other words instead of using,but since August this year, labor dispatching produced as a proper noun, referring tounit of choose and employ persons to mode of operation will engage workers use sent toother unit of choose and employ persons, which directly manage the workers’ laborprocess a form of employment.This draw lessons from the development experience of foreign mature scientificand reasonable human resource configuration mode, it fully cater to the needs ofprofessional temporary labor market, the enterprise from complexity of personnelmanagement work, not only has the irreplaceable advantages, there are also theinevitable defects of new things. With what method repairing the defect of labordispatching, consummates our country labor employment system, make its can not onlyeffectively reduce the enterprise operating costs, and does not damage the lawful rightsand interests of workers. Academic circles is generally believed that dispatchingregulation should be within the law of "cage", control the recessive, play its specialfeatures, flexible and convenient scientific allocation and management of surplus laborresources, make it better serve the economic development and social change, stable andharmonious labor relations.Will dispatch for the first time in2008after recognition in law, due to the poor,humble, and for its description dispatching presented deformity development, in2011,the legislature to realize continue hidden trouble began after the modification of the "labor contract law", and in July1,2013formally implemented, the regulation of labordispatching more strictly. Based on the typical Labour dispute arbitration cases and civillitigation cases of the empirical analysis and comparative study of relevant laws andregulations, and summarizes several problems in the practice of our country labordispatching: laws and regulations related to the concept of fuzzy, lack of legislativepractice in the field of labor dispatch and the departments responsible to lag, lawenforcement basis is unclear, the administrative department of information can’t sharethe exact practice problems, such as, clear our country labor dispatching labor forms theindispensable status in practice, through the refinement dispatching independent advicemethod, establishing the governance principles in accordance with the content of thesynchronization to set rules, clear tripartite main body responsibility execution promotejointly and severally liable, formulate regulations surrounding the proposal, to explorethe methods of perfecting legal system connotation, in order to solve the judicialpractice at present stage processing for reference to the main existing problems of suchdisputes, and finally put forward some reasonable Suggestions to perfect our legislation.