一个企业、两种制度:用工体制演变及劳务派遣工的工作组织与管理

One Enterprise,Two Systems:Evolution of Employment System and Work Organization and Management of Labor Dispatched Workers

我国的用工体制历经了由固定工与临时工相结合的双轨制,到统一的劳动合同用工制,再到劳动合同框架下劳动合同工与劳务派遣工并存的演变历程。劳务派遣用工也经历了从兴起、普及到规范的发展历程,对劳务派遣工的受雇条件及职业权益产生重要影响。采用质性研究,对处于由关键行为主体(国家、劳动监管机构、劳务派遣企业、用工企业、工会组织及直接雇员)组成的层级网络最底层的劳务派遣工的调研显示,劳务派遣工的劳动关系趋于短期化、弱化、非正规化,用工企业对劳务派遣工的工作组织和管理主体主要是其所在部门或其上级业务主管,劳务派遣工处于低激励与自我激励状态。国家、用工企业应加强对劳务派遣工权益保障的意识,劳务派遣工也应不断提高职业技能,提升风险承担能力。

The employment system in China has gone through the evolution process from the doubletrack system combining fixed workers and temporary workers,to the unified labor contract employment system,and then to the coexistence of contract workers and labor dispatched workers under the framework of labor contract.Labor dispatching employment has also experienced the development process from rising,spreading to standardization,which has an important influence on the employment conditions and professional rights of labor dispatched workers.By adopting qualitative research,as shown by the investigation on labor dispatched workers at the bottom of the hierarchical network composed of key behavior subjects(the state,labor supervision organizations,labor dispatching enterprises,employer enterprises,labor union organizations and direct employees),the labor relationship of labor dispatched workers tends to be short-term,weak and nonstandard,the main body of the employer enterprises responsible for the work organization and management of labor dispatched workers is their department or their superior business supervisor,and the labor dispatched workers are in a low incentive and self-incentive state.The state and employer enterprises should strengthen the awareness of protecting the rights and interests of the labor dispatched workers.The labor dispatched workers should also continuously improve their vocational skills and risk-taking ability.