中国劳务派遣法律规制刍议

劳务派遣在提高企业效益、分流下岗工人、转移农村劳动力等方面起到了积极作用,但也出现了诸多问题,处理不当将成为影响社会稳定的重大隐患。尽管我国《劳动合同法》从多个方面对劳务派遣进行了规制,但在准入条件、适用范围、雇主责任、劳动报酬等方面仍存在诸多不足,本文将围绕这些问题探讨如何完善我国劳务派遣法律规制。

Exploration on Legal System of Chinese Labor Dispatch

Labor dispatch originated in the United States in 1920s of the 20th century and developed in Euro-American countries from 1940s to 1990s.In the recent years,labor dispatch presents a remarkable development in China due to positive roles in improving enterprises＇ profit,distributing laid-off workers and rural labors under dual promotion of market and governments and has become beneficial assistance of standard labor employment,yet issues also existed in the labor dispatches and improper treatment will become severe dilemma that affecting society steady.Even if ＂ Law of Contract＂ had limited and restricted labor dispatches,but inadequacies still existed in entry criteria,adaptable ranges,employers＇ obligation and working payment.The essay intended to explore how to improve labor dispatch mechanism in accordance with the above issues.