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The Research of Several Issues on Labor Dispatch Legislation

Author: DongLiHe
Tutor: LiHuiLing
School: Hunan Normal University
Course: Economic Law
Keywords: Labor dispatch Admittance system Equal pay for equalwork Joint and several liability
CLC: D922.5
Type: Master's thesis
Year: 2014
Downloads: 3
Quote: 0
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Abstract


As a new way to distribute human resources, labor dispatch means that according to the needs of labor units to recruit a group of workers, as employers, labor dispatch units sign labor contracts with the workers to establish labor relations. Meanwhile according to the agreement with the labor units, labor dispatch units sent the workers to labor units and provide a form of employment of labor and management under the unified arrangements of labor units. The relationship between workers and labor units is only using, but not the labor contract; The relationship between workers and dispatch units is only labor contract using, but not the using.Labor dispatch was first recognized in our legislation in the "Labor Contract Law" in2008. However, with the implementation of the "Labor Contract Law", deficiencies in the dispatch system requirements become increasingly prominent. On December28,2012, the30th session of the standing committee of the National People’s Congress passed the "Labor Contract Law Amendment, in view of improving the labor dispatch system, the main content of the labor dispatch has been revised and became the focus of attention. On March1,2014, China is also promulgated the "Provisional Regulations dispatch". The significance of the amendment is very important, but there are many problems that should be taken into consideration. Can "Provisional Regulations dispatch "solve the problem of labor dispatch development arising from the fundament? Where is the direction of dispatch development? Although the dispatch system in China is continuously revising and improving, but it still has the following problems:First, the establishment of conditions for the dispatch unit is not perfect; Second, the scope of labor dispatch has been expanded; Third, the difficulty to achieve equal pay for equal in dispatch; Fourth, the liability of dispatch units and labor units is not specific enough. Further specific requirements of our dispatch unit should be set up to deal with conditions. We should increase the intensity of the registered capital structure and risk imprested, restrict the scope of the labor dispatch, definite the scope of labor dispatch, and achieve the right of workers of equal pay for equal work, strengthen supervision and punishment for this; The responsibility for labor dispatch units and labor units should be assigned to specific that who will take the responsibilities. If necessary, we can also introduce penalties to punish those who violate the labor dispatch, thus ensuring the smooth operation of the labor dispatch.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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