论用人单位与劳务派遣工之间的关系

Discussion on Relationship of Employing Unit and Laborer for Services

劳务派遣工、劳务派遣单位与用人单位法律关系是一种劳动契约关系,劳务派遣单位与劳务派遣工之间的关系,是劳动合同关系,而用人单位与劳务派遣工之间的关系,则是一种特别权力关系。在后者的特别权力关系中,如果用人单位不按法定或约定的规定履行义务,给劳务派遣工造成实体权益的损害,须承担相应的违约责任。

The relationship of laborer for services, sending unit and employing unit is the legal labor relationship. There is a labor contract between a laborer for services and a sending unit. But the relationship of the laborer and the employing unit is special. Where one party to a contract fails to perform the obligation of contract for services or its performance fails to satisfy the terms of the contract, the party shall bear the liability for breach of contract.