Promoting The Standardized Development Of Labor Dispatching By Way Of Rule By Law And Rule By Law

In the fourth Plenary Session of the 18th CPC Central Committee, the Party adopted the decision of the Central Committee of the Communist Party of China on comprehensively advancing several major issues governing the rule of law (hereinafter referred to as the decision), and made important arrangements for comprehensively promoting the rule of law.

The decision calls for accelerating the protection and improvement of people's livelihood, and promoting the improvement of the legal system of social governance system innovation.

Laws and regulations.

The governance of labor relations is an important part of the national governance system.

To build harmonious labor relations and safeguard the legitimate rights and interests of workers is an important part of ensuring and improving people's livelihood.

To carry out the spirit of the decision and further standardize labor employment, we must stick to the direction of reform and problem orientation, improve the labor dispatching system with the rule of law and the rule of law, and promote the standardized development of labor dispatching.

Good law is the premise of good governance.

Although the labor contract law has revised the specialties of labor dispatch, the Ministry of personnel and social affairs has also promulgated relevant regulations, but the legislation of labor dispatch is far from perfect, and the perfection of its system is still a long-term process.

For example, the definition of "three characteristics" of labor dispatch still needs to be further defined. The legal relationship between labor dispatch, especially the legal relationship between employing units and dispatched workers, whether the dispatching units and employing units constitute a "joint employer", how to share reasonably the responsibilities of dispatching units and employing units, need further clarifying, how to introduce the employment discrimination law into the labor dispatching system, how to perfect the implementation mechanism of "equal pay for equal work", the conditions for the pformation of labor dispatch to direct employment, and how to strengthen the daily supervision of labor dispatching, etc., all need to be perfected in legislation.

Formally, it is necessary to integrate relevant systems, formulate specific administrative regulations, and comprehensively and systematically stipulate the relevant system of labor dispatch.

The law is not enough for itself.

We must strictly enforce the law so as to make the legal provisions fall to the ground.

First, we should strengthen labour supervision.

The administrative departments of human resources and social security should, according to relevant laws and regulations, strengthen the supervision of labor dispatch and make the relevant provisions of laws, regulations and regulations one by one.

The two is strict administrative examination and approval.

The administrative departments of human resources and social security shall, according to the provisions of the labor contract law and the implementation measures for administrative licensing of labor dispatching, do well in the administrative licensing of labor dispatch, through daily supervision and application.

And write off the means of administrative licensing, and urge labor dispatching agencies to comply with relevant regulations.

Three, we must strictly investigate and deal with enterprises' Evasion of the law.

For the employing units to employ laborers in the form of labor dispatch in the name of contract and outsourcing, they shall be dealt with severely according to the relevant provisions of the labor contract law and the Interim Provisions on labor dispatch.

The four is strengthening.

Responsibility.

If the actual employment unit illegally uses the labor dispatch, the dispatched worker shall be regarded as an employee of the employment unit in law, requiring the employing unit to bear the legal obligations and responsibilities of the employing unit.

It is necessary to reform the system and mechanism of labor dispatch.

First of all, the government should reform the content and mode of employment management for enterprises.

We should reform the state owned assets management departments' unreasonable management of wages and staffing control in the planned economy era, so as to make state-owned enterprises more free in employment, and there is no institutional obstacle in the entry and exit of personnel, so as to promote the entry and exit of personnel and reduce the demand for labor dispatch by enterprises.

Secondly, we must reform the tax revenue financial system, eliminate the economic convenience and interest drive of state-owned enterprises to use labor dispatch, and reduce their impulse to use labor dispatch.

Thirdly, state owned enterprises should change the system and concept of human resources management, and reform the way of human resources management.

State owned enterprises should pform laborers from "identity management" to "post management", implement market-oriented human resources management, implement unified rules and unified management for all workers in accordance with market rules and labor law requirements, and enter human resources management according to their job responsibilities instead of their identity levels.