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China 's dispatch Legislative Research

Author: CuiLing
Tutor: JinFuHai
School: Yantai University
Course: Civil and Commercial Law
Keywords: Dispatch services Legal relationship Legislative Situation Perfection of Legislation
CLC: D922.5
Type: Master's thesis
Year: 2009
Downloads: 402
Quote: 2
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Abstract

Dispatch services as a special kind of labor, employment agencies will establish an employment relationship with the workers assigned to labor units, labor units enjoy use rights and management rights of workers, basic features are: the legal relationship involving three parties parties, the formation of labor relations and civil relations between the two legal relationship. Since the 1980s, the labor dispatch after a never recognize the limited acceptance in the country, from initially fumbled for the development of large-scale, extended from the eastern coastal areas to the Mainland, and other institutions from corporate jobs to authorities all the orientation of the development process, but from the perspective of legal norms, dispatch services in our country has been facing legal embarrassment of missing the lack of legislative support and judicial, administrative support, the contradictions and disputes, is basically self-discipline on the unit, government intervention, as well as workers and labor units negotiated settlement. January 1, 2008 enactment of the \healthy development, protect the legitimate rights and interests of workers, and to build a harmonious society labor relations has played a positive role in promoting. In practice, however, the people of this dispatch of the high hopes of many problems, dispatch units faction of labor units one with the workers in a stable state, the legitimate rights and interests are not effective protection. Some abuse of the dispatch system, even as the dispatch circumvent the law, under the guise of the evasion of responsibility. People look forward to the protection of equal employment opportunities for legal rules, procedures, and harmonious labor relations did not established. Although the reasons are many, but the legislative side, the dispatch There congenital deficiency. In this paper, the \Structure, the paper is divided into three chapters, namely: the the labor dispatch of the basic theory of dispatching Legislative Analysis, dispatching legislative issues and its countermeasures. The first chapter details the the labor dispatch of the basic theory, elaborated the concept of labor dispatch, features, analyzes the present situation and prospects of the role and development of China's labor dispatch that dispatch services in the broad prospects for the development of our country, but to give full play to the labor dispatch an active role, the need of the relevant legislation to be perfect. Discusses the dispatch legal relations theories: a heavy labor relations said, and dual labor relations, said, I believe that the the dual labor relations more in line with the nature of the relationship of the dispatch. Chapter 2 comprehensively expounded the legislative status quo of China on dispatching a brief clarifies, \\Chapter III presents the proposal to improve our dispatching legislation, including the scope and duration of dispatching provides clear the employer's liability, the dispatch Dispute Resolution and other issues related to the corresponding countermeasures. That the scope and duration of the provisions of dispatching industry should be more specific, the dispatch unit qualification approval method, the registered capital should be improved, employer's liability should be based on the responsibility for the content and fault dispatch units and between the units to send allocated more rationally.

China 's dispatch Legislative Research

Abstract

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