中国劳务外包及其法律规制- 基于对两家大型造船企业的调查 -

Chinese labor relations are experiencing a two-way development. On the one hand, labor laws are strengthening the labor standards and make it difficult for employers to use labor dispatch, for the purpose of increasing labor protection. On the other hand, labor outsource becomes popular. Since outsource is not regulated on the Chinese labor laws, it allows employers to bypass the rigidity of labor standards and regain employment flexibility. Through exploring employment relations in two of the largest shipbuilding companies in China, this article discusses the shift of employment relations management towards labor outsource, which has been the key form of employment in the shipbuilding sector. Over 80% of the workers in the sampled factories are outsourced workers, who work under the same job conditions and arrangements as formal employees. State-owned enterprises (SOEs) use significant more outsourced workers. This illustrates the Chinese labor laws are unlikely to expand its coverage over labor outsource, on account of the interests of the state and its SOEs in the near future.