论劳务派遣中劳动报酬的支付

On the Payment of Recompense in Labor Dispatch

劳务派遣劳动关系较为复杂,对派遣工劳动报酬的支付,立法规定的较为混乱,需要加以明确。在支付主体方面,应明确派遣单位与要派单位皆为支付主体,但承担不同的支付责任。在支付标准方面,应规定劳动者参与协商劳动报酬的权利,并以劳动者利益为基础确定支付标准。在支付方式方面,应对扣减劳动报酬的问题作出周全规定,并在一定条件下允许要派单位直接向派遣工发放劳动报酬。

The labor relations of labor dispatch is relative complex, so there is confusion for the payment of dispatching workers＇recompense in the relative legal regulations, and it should be nailed down. On the aspect of payment subject, both dispatch agencies and employing units should be defined as payment subjects, and should assume different responsibilities. On the aspect of payment standard, dispatching workers＇participation in negotiation of recompense should be prescribed, and the payment standard should be decided on the basis of dispatching work- ers＇interest. On the aspect of payment mode, the skimp of recompense should be prescribed with all things considered, and the direct payoff by employing units should be allowed under some conditions.