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Dispatch legal system in China

Author: LuoXi
Tutor: LiuJun
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Dispatch services The composite labor relations said Employers discrete theory Perfection of Legislation
CLC: D922.5
Type: Master's thesis
Year: 2008
Downloads: 883
Quote: 8
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Abstract

The dispatch is a new form of employment, dispatching the basic connotation: Dispatch Agreement signed after dispatch sign labor contracts with workers, labor units, workers dispatched to the labor units work by the dispatch unit to the employee to pay the wages, welfare and social insurance costs, labor units responsible for providing the labor conditions and workers' exercise of command and management rights. Involved in the dispatch unit labor dispatch, dispatch workers and labor units tripartite body, the most significant legal characteristics of the employment of the labor force and the use of phase separation. This form of employment in our country in the ascendant, some areas were booming trend. Community but a lot of controversy of its existence is reasonable, of legal norms are not perfect, needs further theoretical research. The labor dispatch originated in the United States in the early 20th century, developed in Europe, Japan, the analysis found that the generation and development of the background and reasons for the dispatch of foreign labor, foreign labor dispatch the emergence and development of the economic reasons are behind the dispatching employment forms not only meet the needs of the employees employed in a flexible, adapt to enterprise demand professional scarce talent or seasonal temporary workers, employers in reducing costs and risks, improve the division of labor and specialization of labor market, reduction of population aging on the economy the impact of the development has a broad space for development. Dispatch in China, despite a late start, but the overall situation: the rapid development, the lack of regulation. This is mainly due to the following reasons: First, the employment pressure and the concept of employment transition. Second, the human resources market and market environment is easing, and the growing importance of talent, provided the conditions for the free flow of talent, the labor dispatch has also become possible. Third, to avoid the responsibility of employers on labor law is the demand of Chinese enterprises dispatching an important motivation. Therefore, comparison, analysis, learn from other countries, the legal system, a useful way to improve our dispatch services legislation. The world's major countries legal norms on labor dispatch differences, but overall, reflects three basic principles: party autonomy and the State to protect the principle of sending workers rights; second is to safeguard the principle of order and stability for employment; the principle of combining intervention. Correct understanding of the legal relationship of the dispatch, the inhibition of its negative effects, and to establish the key to improve the relevant system. Two employers in labor dispatch workers to fulfill a labor benefits, a labor remuneration, and heavy labor relations \Dispatch workers and dispatch unit, dispatch is established between the workers and the employer shall the composite labor relations that sent two separate legal entity and the Accepting Unit are combined to become a dispatching the main party in the labor relations, and temporary work a heavy labor relations. The dispatch unit contains such a legal relationship with the dispatch of rights and obligations between workers, employers and the rights and obligations between the dispatch of workers, and the rights and obligations between the dispatch and the Accepting Unit three aspects. Discrete theory, The owner of the use of the employer, to respect the contract and increased labor units Principle of Liability to identify employers bear the main responsibility in labor dispatch, manner and scope, to maximize publicity dispatching the advantage of achieving full employment, inhibit its the best way to easily lead to confusion and lack of responsibility of employers of labor relations defects. Perfection of Legislation on the establishment of the company's response to the dispatch, operations and exit the three aspects of the full range of specific regulation, especially in the labor dispatch company to withdraw from the market due to bankruptcy and other reasons, can assume workers due to their generally do not have a certain amount of fixed assets The wages and social insurance labor claims, such as the bankruptcy of the enterprise, the legitimate rights and interests of dispatched workers may not be a strong guarantee. Actively explore exit regulation of labor dispatch agencies, and improve the mechanism of protection of workers is a priority. This article is by the introduction and four chapters. Introduction mainly elaborated the research background, significance, and brief overview of domestic and foreign labor dispatch, pointed out that the research content and research methods, and the need to explain the relevant issues. The first chapter is the theory of the labor dispatch provisions. This chapter is mainly to make some basic theoretical knowledge necessary exposition discrepancy between the First dispatch from the title, the definition and clarity dispatching general connotation and other similar legal relationship comparison. Then from the principles of economics, the point of view of the government's macro-control of the labor dispatch reasonableness made to a certain extent the theory set forth by both labor supply and demand research, proof of dispatch services in China with reality. The second chapter is the background and reasons for analysis and development of labor dispatch abroad, its in an overview of the development of our country. This chapter provides an overview of dispatch services in a foreign country and in our generation and development process, the background and reasons for dispatch services in the country generated. And focus on the dispatch services to meet the needs of the employees employed in a flexible, to meet the business needs of professional scarce talent or seasonal temporary workers, and employers in reducing costs and risks, improve the division of labor and specialization of labor market and reduce the population the positive role of the impact of aging on economic development. Meanwhile, the reasons for the rapid development of China's dispatch-depth analysis of proposed should be especially concerned about the rapid development of China's labor dispatch a special: enterprise labor law on employers' responsibilities to avoid its pursuit of an important motivation for dispatch services. The third chapter is dispatching the analysis of the legal issues, but also the expression of this view. Dispatch workers and dispatch unit, dispatch is established between the workers and the employer shall the composite labor relations that sent two separate legal entity and the Accepting Unit are combined to become a dispatching the main party in the labor relations, and temporary work a heavy labor relations. At the same time, the use of employer discrete theory, jointly and severally employer's liability, to respect the contract and heavier Liability under the principle of labor units to determine the dispatch employers bear the main responsibility, the manner and scope of the maximum publicity dispatching the advantage of achieving full employment, inhibit the defects could easily lead to confusion and lack of responsibility of employers of labor relations. The fourth chapter is on improving our dispatch legislative recommendations. Deal with three aspects of a complete set of dispatching legislative recommendations from dispatching the principle of legislation, the establishment of a regulatory system of labor dispatch agencies, operators Regulation and exit regulation as well as dispatch triggered labor dispute.

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