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Study of Our National Staff Placing Legal System

Author: HuangTianJing
Tutor: HouGuoYue
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Employment Staff placing Labor contract Labor law Laborrelationship
CLC: D922.5
Type: Master's thesis
Year: 2012
Downloads: 76
Quote: 0
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Staff placing is a special labor use form that staffing firms dispatch employees to theunits that accept the employees under the placement arrangements signed by staffing firmsand employees. Staff placing, which can be divided into employment placing and loginplacing, has characteristics of the separation of staffing firms and accepting units, thecoexistence of civil contract and labor contract, as well as joint liability of staffing firms andaccepting units. The staff placing system is different from career services, work-for-hirecontracts, loaned of officers and human agency to a certain degree.As to staff placing system, continental law system lays stress on the obligation ofstaffing firms or accepting units, while the obligations of staffing firms and accepting unitsare both underlined in American law system. The controversies on staff placing system havenever been stopped, which mainly includes two aspects: the existence or abolishment of staffplacing system and legal relation among the objects in staff placing system.With the aim of limiting staff placing system, Labor Contract Law of Republic of Chinamakes the system as a complement of standard labor relation in relatively narrow space.Labor Contract Law adopts theory of single labor relation, which means that the relationbetween employees and staffing firms are true labor relation while the relation betweenemployees and accepting units are not regulated by labor contract law.There are several problems existing in staff placing practice of China, such asinsufficient protection of rights and interests of employees, and the imperfection ofmanagement system about staff placing units, which giving rise to different types of labordisputes.On the basis of researches on staff placing legal system, this author suggests to improvethe staff placing system of China in following ways. First way is establishing staff placingsupervision and compensation system by defining applicable scopes of staff placing, settingstrict requirements for staffing firms, maintaining the right of equal pay for equal work andregulating joint liability of staffing firms and accepting units. Second way is to intensify thestrike on illegal staff placing, which can be achieved through suppressing malicious staffplacing, punishing the act of running off in secret with money, preventing over-developmentof staff placing. Finally, adopt normalized operation strategies. The foremost important task isto formulate Staff Placing Law, in the meanwhile, strengthening standardization for staff placing, and fostering healthy staff placing market system.

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