Analysis of Labor Placement System in China1/Regards Prospectifs Sur Le Système de Travail Détaché
Canadian Social Science › Vol. 4 Nbr. 2, March 2008
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Summary
The labor placement system settled by "Employment Contracts Law" of china is obviously deficient in many aspects, it doesn't clarify the definition and characteristic of labor placement, doesn't establish legal liability system in accordance with obligations of stuffing firms and accepting units, doesn't pay adequate attention to liability capacity of stuffing firms as employers. This causes a great number of abuses conducted by employers, damages essential rights and interests of employees, and effects the ordinary operation of labor placement. In order to remedy deficiencies mentioned above, the law shall conduct series of improvement measures to clarify the definition of labor placement, specify the range of labor control of stuffing firms and accepting units, establish legal liability system in accordance with labor protection obligations, restrict the situations, in which accepting units could use employees placed, improve the supervision measure toward stuffing units, establish a legal system for labor placement to work effectively.
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Extract
Analysis of Labor Placement System in China1/Regards Prospectifs Sur Le Système de Travail Détaché
"LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS" has established the placement system in the form of law for the first time. But right before the law's coming into effectiveness, it was found that the placement system mentioned above could not regulate the actions of placement of employers effectively, in contrary, the placement system would become the major even the only method for enterprises to elude the application of "Employment Contracts Law". The present placement system has very obvious shortages, which don't clarify the definition and characteristics of placement, establish the legal liability system in accordance with the obligations of staffing firms and accepting units, and show adequate attention to the employers' liability capacity of staffing firms. The purpose of this paper is to analyze the shortages of the present placement system, and propose advices for improvement.
PART ONE: DEFINITION OF PLACEMENTThe definition of placement is the basis of the whole placement system, and also the premise for "Employment Contracts Law" to regulate the placement relationships. There are different manners, by which laws of different countries describe the definition of placement. We should clarify the definition of placement, differences between placement and similar arrang...See the full content of this document
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