A Study on the Law of Dispatched Employment in Mainland China－the divide between The Interim Provisions on Labor Dispatch and The Law of Employment Contracts

• Main Authors: Yu-Hsi Yeh, 葉玉璽
• Other Authors: Jiunn-Yann Chiou
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/8wanhr

碩士 === 中國文化大學 === 法律學系碩士在職專班 === 103 === The discussion of labor dispatch is more and more important by the change of labor construct.. To separate out order and employment is the characteristic of labor dispatch It is very different from the common contract of labor. We can not solve all of the issue of labor dispatch, because there is no specialized law of labor dispatch in Taiwan. The China has had the system of labor dispatch more than 30 years since 1978 and has developed the legalization of the labor dispatch for 20 years. Because the issues of labor dispatch are more serious than ever before, the government of China want to correct the chaos of labor dispatch system to legislate the interim provisions on labor dispatch and the law of employment contracts. They want to set up a better system of labor dispatch. The business and academic learning intercourse are very hot between the Taiwan and The China. We can analyze their system of labor dispatch and study the interim provisions on labor dispatch and the law of employment contract. It is very helpful to legislate the law of labor dispatch. The second chapter of this thesis focus on the foundation of labor dispatch and discriminate the labor dispatch from different labor contract. The large part of this chapter quoted the scholar’s theory of Taiwan to hope that the readers understand the chapter more easily. The third chapter of this thesis focus on the development of labor dispatch in China and introduce the system of labor dispatch to readers. This chapter is the most important part of the thesis. The chapter will explain and study several contents about labor dispatch, including the measures for the implementation of administrative license for labor dispatch, the establishment and eradication of legal relationship of labor dispatch, the right and duty of the each party of labor dispatch, equal pay for equal work, days of grace and the duty of helping worker to attend the social security. This chapter divides and explains the difference between the interim provisions on labor dispatch and the law of employment contracts. There are four important parts of the interim provisions on labor dispatch, including to make sure of the appointment of labor dispatch, to find out the final duty of helping worker to attend the social security, equal pay for equal work and the rule of returning labor dispatched staff or the rule of terminating the contract of labor. The fourth chapter finds out and study the issue of the interim provisions on labor dispatch. This chapter also compare the protection of labor dispatch in Taiwan with in China.