Labor Dispatch "Abnormal Prosperity" &Nbsp; Legal Provisions Need To Be Clarified.

Many professionals at the meeting noted that after the promulgation of the labor contract law, labor dispatch showed two trends: first, the acceleration of labor dispatch; two, the arbitration of labor dispatch.

According to the data, the total number of labor dispatch personnel in the country is about 27 million. By the end of 2008, postal and telecommunication enterprises used 930 thousand and 200 dispatched workers.

"This is the figure two years ago. It may be more than that."

Jiang Ying, a professor at China Institute of Industrial Relations, thinks that the current labor dispatch in our country shows "abnormal prosperity".

In order to standardize labor dispatch, the labor contract law stipulates the responsibilities of dispatching labor companies, dispatching companies and employing units with 11 provisions. Labor dispatch must meet the three requirements of "temporary", "auxiliary" and "alternative".

"The original intention of legislation is to regulate or restrict the development of this mode of employment, and to make labor dispatch a supplement to traditional labor relations. But it is not thought that since the implementation of the labor contract law, labor dispatch has not been standardized and restricted, but stimulated the prosperity of labor dispatching.

Jiang Ying said: "the scope of labor dispatch has expanded from some simple labor intensive industries in the past to other industries, such as telecommunications, finance, banking, and aviation, railways and so on."

According to Jiang Ying analysis, an important reason for the prosperity of labor dispatch is the principle that the law stipulates labor dispatch too much.

"For example, what is the specific meaning of the" three principles "as discussed by us? What is the standard? In addition, equal pay for equal work is limited to one principle, so this is some of its own problems.

Jiang Junlu, President of Beijing Institute of labor and social security law, suggested: "we urgently need the state to explain the" three nature "so as to realize the framework of labor orientation and labor relations supplemented in our value orientation.

Jiang Ying also suggested that the relevant departments should formulate special regulations for labor dispatch, clearly stipulate the contents of labor dispatch and the pformation of the continuous use of labor dispatch staff status.

Li Kungang, a professor at the Law School of Anhui University, also believes that the reasons for the slow progress of the current labor dispatching legislation are mainly from two aspects, one is the public power has intervened in the labor dispatch to make profits, the other is the state-owned enterprise.

Li Kungang, for example, said: "at a meeting in 2006, I saw a person in charge of a company dispatched by a Personnel Bureau in the south.

I asked him, how much money did you earn last year (2005)? He said he earned more than 2 billion.

I said, "how many employees do you have?" he said more than 20 people.

In fact, what is this? It's power to make money.

But at present, there is no law prohibiting the labor department from dispatching itself, nor prohibiting the Personnel Bureau from dispatching.

Li Kungang thought, "this is not acceptable."

Professor Lin Jia, director of the Institute of labor law and social security law of Renmin University of China, said in summing up the meeting that labor law is the most volatile law. It really needs to make changes and adjustments due to the continuous changes in social life and social and economic life.

Professor Lin Jia also referred to collective labor relations. She said: "we really lacked the stage of collective labor relations. In the course of development, we did not experience the development process of collective labor relations, or we did not cultivate the sense of collective rights. Therefore, we now turn around and say that the adjustment of labor relations does require many aspects to return to collective labor relations."