Analysis of Labor Placement System in China1/REGARDS PROSPECTIFS SUR LE SYSTÈME DE TRAVAIL DÉTACHÉ

By Rongfang, Zhang | Canadian Social Science, March 1, 2008 | Go to article overview

Analysis of Labor Placement System in China1/REGARDS PROSPECTIFS SUR LE SYSTÈME DE TRAVAIL DÉTACHÉ


Rongfang, Zhang, Canadian Social Science


Abstract:

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.

Key words: "Employment Contracts Law", labor placement, labor control, employer's liability

Résumé: Les défauts existent évidemment dans le système légal du travail détaché du (loi du travail» chinois, il ne precise pas la notion et les particularité du travail détaché, il n' établit pas un système de la responsabilité qui coordonne l'obligation de l'unité détachée avec l'unité acceptée, et il ne fait attention pas à l'aptitude responsible de G employeur. Cela engendre des actes d'abus de l' employeur , entraine les préjudices directs de l'employé, embarrasse le fonctionnement du travail détaché. Afin de résoudre les problems ci-dessus, la loi deverait prendre ses measures pour le render plus équipé, il faut preciser sa notion, stipuler la limite du contrôle du travail, et établir le système de la responsabilité qui s'accorde avec l'obligation de la protection du travail.

Mots-Clés: (Loi du Travail) , le travail détaché, contrôle du travail, la responsabilité de l' employeur .

"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 PLACEMENT

The 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 arrangements especially outsourcing services. The definition of placement has two aspects, the first one is the legal status of the employee to be placed, and the second one is the range of rights, with which staffing firms and accepting units can conttol the employee. It is formulated by laws of almost every country (except for UK) that labor to be placed has the status as employee, they also clarify the range of controlling of staffing firms and accepting units, staffing firms have rights of personnel managing, make decisions about hire and dismissal of employees, the basic working conditions such as payments and social insurance, etc. …

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