A Research on the Improvement of Legal System Concerning Labor Dispatching in China
|Keywords||Labor dispatching nature analysis value orientation suggestions of legislation|
Labor Dispatching, as a new employment form, is widely existing all over the world, But the new employment form is allowed to spread unchecked and the labor’s legal rights and benefits cannot be protected due to the lack of regulations. Based on the research and analysis of the labor dispatching theory and its development situation, I present my advice on the legislations and hope to improve the related regulations, to protect the labor’s legal rights, and to promote the healthy development of labor dispatching in China.This article firstly gives a theory based on the research of the labor dispatching regulations by starting with analyzing the labor dispatching itself. After defining the choice of term, concept and features of the labor dispatching, these contents emphatically analyze the nature of the relationships of labor dispatching regulations, put forward that dispatching agency, employing unit and dispatched workers form different parts of a labor relationship, the employing unit and the dispatching agency are the "co-employer" of the dispatched workers, they should bear joint liability. This article also shows that the labor dispatching isn’t a main current in the labor market by investigating the development of it.Secondly, this article provides the value orientation on legislation of labor dispatching in China on the basis of analysis of the origin and current development of labor dispatching in China, and give an actual foundation to the study of the legal regulations of labor dispatching. The article points out that the basic reason why the labor dispatching spread unchecked is that the incomplete regulations make illegal behaviors have the chance to exist. It also points out that China’s value orientation on legislation of labor dispatching should tend to give full respect to the labors; insist on the standard and mutual labor relationships; develop the adjustment function of the Law of Labor; limit the labor dispatching to a supplementary, non-main current employment mode, and used in temporary position, on the analysis of the influence caused by labor dispatching to the employing unit, dispatched workers and social management.At last, this article points out the problems and how to improve it of legislation of labor dispatching in China from above. Firstly, the legislation regulation, individual legislation is suggested for the overall normalization of labor dispatch system. Secondly, the law normalization of labor dispatching, administrative permission, reserve funds or deposit systems as well as exclusive operation system, etc is suggested. Thirdly, for the scope and time limit of labor dispatching. The temporary positions are suggested in the use of labor dispatching. The "temporary" is clearly delimited, and make a list of the profession in which the labor dispatching can be used or not. Fourthly, the responsibilities of the employers. The employing unit and the dispatching agency are the "co-employer" of the dispatched workers, they should bear joint liability. At the same time, the employer’s responsibilities should be reasonable allocated between the dispatching agency and the employing unit, this allocation should consider the roles that the dispatching agency and the employing unit play in the labor dispatching, and combine the responsibilities, right, and benefits. Fifthly, supervising system is suggested in the legislation of labor dispatching.