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Research on the problems and Countermeasures of enterprise labor dispatch

Author: ChengHuan WangLiHua From: www.yourpaper.net Posted: 2010-05-29 00:07:04 Read:
[Abstract] the labor dispatch in China is currently one of the fastest developing talents intermediary services, although the "labor contract law" and "labor contract law" section regulations for labor dispatching rules, but the enterprise in the actual use of labor dispatch, there are still many problems.In the labor dispatch involves the labor dispatch company, enterprise (employer), labor (workers) three parties, enterprises play their role will play an important role.This paper puts forward some constructive opinions from enterprises to standardize the employment perspective, in order to realize the labor dispatch companies, enterprises and workers three win-win.
[keyword] enterprise; labor dispatch; problem; Countermeasure of

[Abstract] That labour service is dispatched is that our country develops the quickest one kind of talented person intermediary services business at present, chapters and sections dispatches the part

Employment contract law "and" Employment law of contract implementation rule "specially specifically for labour service having worked out relevance regulation, but enterprise dispatches in actual usage labour service to use working hour, to have problem for comparatively much still. In dispatching the labour service relating that in labour service dispatching the company, the enterprise (use the labor unit), the labour service labor (labourer) three sides interested party, enterprise acts as good self role will be playing important role. The main body of a Book How the norm uses delicate angle to have brought forward a few constructive ideas from enterprise, three sides wins to look forward to realizing labour service dispatching the company, enterprise and labourer together.

[Key words] Enterprise Labour service; is dispatched; Problem; Countermeasure

The labor dispatch is a separation of the recruitment and employment of the labor management model, it refers to the labor dispatch company established in accordance with the law according to the enterprise (the employer) to send, and established a labor relations labor (workers) to work in enterprises, enterprises pay the labor costs of behavior.The company sent workers and labor is the labor relationship in law, and the labor and the enterprise is in fact work relations.The labor dispatch is the main body of the market under the condition of market economy of the results of their own choice, because it accords with the efficiency priority rules of market economy, so the form which the human resources outsourcing in China is developing very quickly.

1 Labor Dispatch Legal background

Labor dispatch this new way of employment is the intention to reduce employers cost of human resources management, the employing units to extricate from the labor and personnel management cumbersome, focus its efforts to market development, product updates and other work, and at the same time and again obtain employment opportunity for labor to provide more employment.In "before the implementation of the labor contract law", made a number of provisions and the "labor law" supporting regulations and some local regulations on labor dispatching, and has carried on the beneficial attempt.But because the country is no clear regulation dispatching units and the actual legal person unit, the labor dispatch companies and enterprises to labor responsibility is a blank.In practice, the labor dispatch gradually evolved into some enterprises evading responsibility, risk transfer means, which triggered the dispute escalated.
The people's Republic of China Labor Contract Law "the implementation of the January 1, 2008" (hereinafter referred to as the "labor contract law"), in general explicitly pointed out that the formulation of "labor contract law" in order to improve the labor contract system, the labor contract, clearly the rights and obligations of the parties, to protect the legitimate rights and interests of workers, labor relations in the construction and development of harmonious and stable, and specific sections of the labor dispatch stipulated.Since the law promulgated and implemented, governments at all levels, the labor and social security departments, trade unions and other organizations through television, Internet, magazines and other channels of the legal publicity and widely in the community, and to provide legal aid and advisory services necessary to workers through various forms.On the one hand, to enable workers to clear their legitimate rights and interests; on the other hand, the labor dispatch company legal obligations, companies define their own should be fulfilled.In this context, the author believes that the use of labor dispatch enterprises according to the requirements of the new law, standardize the employment behavior, to evaluate the pros and cons of the labor dispatching, diagnosis at present in labor dispatch problems, change the concept of employment, safeguard the legitimate rights and interests of workers, harmonious labor relations, to lay a good foundation for enterprise the long-term healthy development.

2 enterprises to implement the labor dispatching advantage

The labor dispatch is the three win-win labor dispatch company, labor cost and the enterprise employment mode.Specifically, labor dispatching companies by charging management fees and service charges to the enterprise to bring economic benefits and scale benefits to its.Expanding the number of dispatched employees, improve the skills of the workers, quality, conducive to the labor dispatch company bigger and stronger, and enhance competitiveness.To join the labor dispatch company workers, change the way of employment after their legitimate rights and interests are more assured, wages, social insurance shall be borne by the labor service company, employment information, employment opportunities will increase.Companies to bring this new way of employment in the labor, can purify the labor management function maximally, saving management cost, reduce the corporate human resources department of a large number of trivial daily management work burden, so that enterprises can focus on the market competition.
2.1 employment management convenient.Recruitment are responsible for sending the company, workers access to files, account, payment of wages, the implementation of various social insurance management and other personnel also by labor dispatch company responsible for the completion of.Enterprises in the use of these services work as long as the relevant management regulations, evaluate the work performance, management agreed on tasks.Therefore, the enterprise can be a lot of work required to spend manpower, funds and save time to complete.
2.2 employing flexible.Enterprises under the market economy condition, the business has changed a lot, the form of the labor dispatch, enterprises have more autonomy, can increase the staff in the increase in business, a corresponding reduction in the business staff reduction.To send the company business and labor contract expires, the dispatch agreements terminated immediately.Whether to renew the contract, according to the enterprise's production operation to decide, which solves the enterprise original "recruitment easy to dismiss difficult" problems.
2.3 employment risk reduction.In labor dispatch, business and labor dispatch company signed a labor contract, a labor contract relationship, labor dispatch company according to the enterprise actual
The number of positions, etc., to send suitable candidates to work.Labor dispatch company as the subject of labor contracts signed labor contracts with the laborers, and the enterprise just labor units, enterprises and workers do not labor relations, avoids with the laborers for labor relations and labor dispute case.The labor contract, the labor dispatch agreement will be terminated, employment and pay economic compensation business does not have to bear the responsibility of resettlement workers, thus greatly reducing the risk of employment.3 enterprises in the use of labor dispatch problems in

The labor dispatch is a new human resource management mode, in the practice of enterprise management has been fully affirmed, and has gradually expanded the scope of labor dispatch.However, in practical use the labor dispatch has also encountered many problems.
3.1 labor disputes, unclear division of responsibilities.Now in the society of labor dispatch company numerous, many small companies to compete for customers to send, receive lower management costs to attract enterprises to establish business with.Problems once in the course of employment, the trouble will come.Typical questions focused on labor social insurance.Many small dispatch company is not in accordance with the law for all workers for social insurance.Especially for labor mobility of this feature, labor service company in order to save costs, earn more income, often in workers after the probation period began to pay social insurance; others only labor dispatch company purchased the commercial medical insurance and injury insurance, although this solution to the labor during the assignment period personal safety problems, but the labor employment in the period once accident, contradictions emerge.To send the company should handle labor injury reporting, claim according to the law to bear, the enterprise is responsible only for help.But in fact, since the dispatch company did not timely for workers industrial injury insurance and other social insurance, lead to labor is not timely compensation, enterprises must bear joint and several liability, which resulted in the increase of enterprise risk and labor costs.Results at present is the enterprise to spend money, but the results still can not escape the responsibility, cost and energy to spend more.
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