Dissertation > Political, legal > Legal > Chinese law > Labor Law

Discussion on the Existing Problems and Countermeasures of Labor Dispatching

Author YangQia
Tutor DongBaoHua
School East China University of Political Science
Course Legal
Keywords Dispatch services A heavy labor relations Dual labor relations Suggestions
CLC D922.5
Type Master's thesis
Year 2011
Downloads 220
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Compared to traditional forms of labor and employment, labor dispatch particularity lies in the separation of the employment use. Dispatch unit responsible for employment, including the dispatch of workers hired, dispatch, records management, social insurance, registration and bill payment unproductive affairs; labor units responsible for the use of only assume productive matters of health and safety management, labor discipline responsibilities. Therefore, the staffing firm and the Accepting Units Who should bear the responsibility of employers, became the focus of controversy. Starting from the angle of employer liability, academia, the legal relationship between the two opposing doctrines on dispatching a heavy doctrine of labor relations and the dual labor relations doctrine. A heavy heavy labor relations doctrine is divided into two views, a heavy labor relations theory borne by the dispatch unit employer's liability, and the other one is borne by labor units employer's liability doctrine of labor relations, also known as a heavy double labor relations run doctrine. And the dual labor relations doctrine that is shared by dispatch and Accepting Units employer's liability. China is vigorously developing the dispatch industry, encourage the dispatch entity and the employer to achieve win-win, but also take into account the protection of the rights and interests of laborers dispatched core specification dispatching market and an impact on the health of the dispatch industry sequence bottlenecks development. In the the global megatrends context of appropriate government control, China's academia basically reached a consensus, the emphasis on legal norms is a fundamental way. Legislative practice, \Two standard use will inevitably lead to contradictory legislation. Dispatched from labor legal relations framework analysis, we find the paradox of the \abuse and to withdraw the absence of mechanisms of protection, \specification of the \Author from the stance of support for the dual labor relations doctrine, in accordance with the existing legal provisions and safeguards dispatched maximization point of view of the interests of workers, focusing on the common responsibility and obligation of the employer to carry out a re-allocation. At the same time, through analyzing KFC case and Carrefour trial, further support for the dual labor relations doctrine. However, in the current legal norms have not yet adjusted to the state, the author recommends that employers' responsibilities under the current labor relations framework undertake clear from affordability, improve the internal management of the labor units to strengthen the responsibility of the dispatch unit, and to strengthen the administrative supervision three aspects of the existing laws in the labor dispatch norms exist corresponding countermeasures and suggestions.

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