On the Improvement of Chinese Legal System of Labor Dispatch
|Keywords||Labor Contract Law Labor dispatch Labor employment improvement|
As a new flexible and low-cost employment, labor dispatch has rapidlydeveloped for it can adapt to the development of market economy and meet theinterests of all parties. Thus, it plays an active role in booming labor dispatch,allocating human resources and promoting employment. Meanwhile, due to the fixedcharacteristic of the detachment between labor force employment and its use and thelegal relationship of “three parties and two contracts”, it is easy to have thephenomenon that the power and responsibilities are unclear between the labordispatch units and employing units, the legitimate rights and interests of the workersare infringed. If labor dispatch cannot be stipulated and improved in the level of legalsystem, the enormous negative impact will be brought about and the harmonious andstable labor relations will be influenced. It is essential to study stipulation andimprovement of legal system of labor dispatch on the basis of Chinese nationalsituation, comprehensive analysis of labor dispatch and rational treatment of labordispatch.It is the implement of Labor Contract Law that offers legal foundation forstipulating labor dispatch. However, after the implement of the law, the fact showsthat it is hard to make the relative law and stipulations fall into place and it is easy toabuse the power of labor employment. The main reason is the defects of Chinese labordispatch system at present such as inefficiency of admission requirements and interestsafeguarding, dispatch period and position limitation, etc. Against these defects, it ispossible for us to improve improving Chinese labor dispatch by stipulating entrancecondition, safeguarding interests, limiting position and period, clarifying theresponsibility of employers and rights relief.We are suggested to improve the relative legal system, make labor dispatch in thetrack of orderly development and exploit the advantages and overcome the defects oflabor dispatch to the full. To safeguard the interests of both parties, we need toincrease the employment opportunities, mobilize the enthusiasm of the laborersdispatched through legal channels on the one hand; and enable employing units toreduce the cost of employment, enhance the core competitiveness of enterprises andavoid the negative effects of infringing on the rights and interests of laborersdispatched on the other hand.