Research On The Management Responsibility Of Dispatched Laborers In China'S Labor Dispatching Enterprises

In recent years, the Central Committee of the Communist Party of China convened in the third Plenary Session of the 18th CPC Central Committee, deepened the reform of the economic system, made comprehensive arrangements, and carried out the structural adjustment and resource reconfiguration in an all-round way. The contradiction problem brought about by the pformation of the economic market will be more prominent, especially the human resources market will have a great impact, and the allocation of human resources and the form of employment will be readjusted.

Therefore, it is becoming more and more important to solve the problems in the application of enterprise liability rules in the dispatch of labor services.

Starting from the legal relationship, this paper analyzes the problems of labor dispatch at present stage, and analyzes the existing legislation and practice in order to improve the management responsibility system of dispatched workers in China's labor dispatching enterprises.

Summary of the legal relationship between the three party of labor dispatch

Labor dispatch refers to the labor contract between labor dispatching enterprises and laborers, the establishment of labor relations, the signing of labor dispatching agreements with labor enterprises, and the assignment of qualified workers to the employment enterprises according to the needs of employment enterprises, and the collection of related expenses to the employment enterprises.

Labor dispatch is a form of employment different from standard labor relations. Its constituent elements include three parties, namely, dispatched workers, dispatched enterprises and employment enterprises.

In legal relations, it is embodied in the following aspects: the establishment of labor relations between the dispatched workers and the dispatched enterprises through the conclusion of labor contracts; the employing enterprises have the right to command and manage the dispatched workers, to receive the labor provided by the dispatched workers; and the dispatching enterprises and the employing enterprises to form a civil contractual relationship through signing labor dispatching agreements.

Therefore, the labor dispatch has split the direct connection between "employment and use" in the traditional labor relations, which is the essential difference between the labor dispatch and the traditional labor relations.

(1) the legal relationship between the dispatched enterprise and the dispatched worker (employment contract, employment relationship)

Dispatched enterprises and dispatched workers

Relationship is a kind of employment contract. Employment relationship is a special labor relationship. The dispatched enterprise and the dispatched worker sign labor contracts. The purpose of sending enterprises is only to employ people, not to employ workers, but to manage the manpower of the workers, not to assume the responsibilities and obligations for the laborers' Employment methods and production safety, but only to earn labor costs from the employment enterprises, not to undertake the responsibilities and obligations for the wages of the laborers.

The legal relationship between dispatched enterprises and dispatched workers is contained in ordinary labor relations. It has the attribute of ordinary labor relations and deeply marks the personal attributes. Therefore, it determines the long-term relationship between the dispatched workers and the dispatched workers. When workers are not dispatched, the dispatched enterprises pay the minimum wage to the workers.

This kind of legal relationship is a new kind of labor relations in our country at present. Some rights and obligations between the dispatched enterprises and the dispatched workers are not specific and definite in China's labor laws and regulations. There are often some labor disputes between them. With the deepening and infiltration of the practice of this legal relationship, this contradiction is more acute and complex. This requires our legislative organs, judicial organs and legal workers to solve and resolve contradictions through legislation, judicial interpretation and theoretical discussion, enrich legislation and guide practice.

(two) legal relationship between employed enterprises and dispatched workers (labor contract, labor service relationship)

The legal relationship between employed enterprises and dispatched workers is a kind of labor contract. Labor service relationship is also a special labor relationship. I believe that the relationship between employment enterprises and dispatched workers is a kind of employment relationship. The particularity of this relationship determines the temporary, auxiliary and quantitative nature of employment.

In China's reality, the employment enterprises lack the protection of the legitimate interests of the dispatched workers, and the lack of supervision on the safety of the dispatched workers often result in personal injury and safety accidents.

Similarly, with this kind of law