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Dispatch services in recent years as a new form of labor and employment, rapid development in our country. It is different from the characteristics of the traditional labor relations, it has a great role to improve the quality of flexible employment, promote talents industrial development, reduce labor unit cost of human resources, employment units provide flexible employment mechanism, and to increase employment opportunities for workers . Special the triangle legal relationship between staffing firm, labor units were dispatched workers, the labor relations between workers and employers more unstable; suffered an injury could easily lead to the rights and interests of laborers, Staffing firms and between employment units wrangling, the main responsibility is not clear, to increase the difficulty of workers rights. Therefore necessary to theoretically clarify the legal relationship between the three parties, to distinguish between legal responsibility, a better guide practice, safeguard the legitimate rights and interests of the dispatched workers. Since My dispatching legislation to norms lag, the dispatch in the development process a large number of problems: the dispatch unit varies greatly interests is difficult to protect the abuse of labor dispatch labor units in order to circumvent the obligations and responsibilities of the employer, the dispatched workers, such as suffering from unequal pay for equal treatment, social insurance are not implemented, difficult to join a trade union organization, difficult to express interest demands severely damage the legitimate rights and interests of the dispatched workers, a serious impediment to labor dispatch orderly development of the building harmonious and stable labor relations caused great harm. \relationship between the laborer and dispatch units and labor units, dispatch the requisite terms of the contract, is sending workers rights, the establishment of conditions of dispatch units, dispatching range, also provides for the dispatch and the Accepting Unit bear joint liability, etc., play a positive role to protect the legitimate rights and interests of the dispatched workers to standardize the development of the dispatch. However, due to the limitations of the legislative means, dispatch theory research lag, lack of practical experience and other reasons, through the analysis of the dispatching system of legal norms that of legislation in the labor dispatch unit labor dispatching range, inter-regional pay labor remuneration standard labor units returned to the subject matter of the dispatched workers, the provisions of the joint and several liability, employers liability provisions remaining gaps. By comparison, reference the legislative norms Japan, South Korea, the United States, Germany, the Netherlands and China's Taiwan region of the dispatch system, a complete set of dispatching the recommendations of the legal system, and provide a theoretical basis for the specification of our dispatch system from six aspects: improve the provisions on the establishment of the units of the dispatch, from the establishment of the capital, the establishment of the principles and scope of business; second, temporary, auxiliary and alternative meaning should be clear, and take \clear the the dispatching the scope of employment; limited the dispatching period, to prohibit labor units long-term use dispatch labor; Fourth, we should improve the implementation of the inter-regional labor remuneration standard; Fifth, clear joint and several liability for compensation including substance damages and compensation for moral damage, joint compensation responsibility type is limited to civil liability and excluding administrative liability and criminal liability, but also bear civil liability limited to financial compensation; and clearly stipulates the right of recourse, agreed on the division of responsibilities undertaken in accordance with the contract enjoy the right of recourse against the other party; responsibility, non-responsible party shall bear joint and several liability, no agreement, the innocent party to undertake joint and several liability, to enjoy the right of recourse to the innocent party; sixth, and improve the legal labor units responsibility provisions clearly should bear some administrative responsibilities. Finally, under the guidance of the existing legal norms of dispatch explore countermeasures from the angle dispatched workers, labor units, dispatch units and government body to regulate the development of our dispatch system.
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