基于不同视角的劳务派遣制度分析——兼论促进劳务派遣业发展的建议

Analysis on Dispatching System Based on the Different Angle:Also on Suggestion on Promoting the Development of Labor Dispatching Industry

劳务派遣已成为用工的重要模式,对劳务派遣的法律约束也呼之而出,但出于平衡劳动者、劳务派遣单位及用工单位三方主体之间的利益关系考虑,《劳动合同法》和《劳动合同实施条例》给三方带来的制度效应是双重的。基于劳务派遣单位、用工单位和被派遣劳动者三个不同视角,对劳务派遣制度安排进行分析,并提出促进劳务派遣业发展的建议。

Labor dispatching has become an important mode of the labor. The legal restriction on labor dispatching also was called out. But considering on balancing benefit relations between tripartite subject which are laborers, staffing firms and accepting units, ＂labor contract law＂ and ＂regulations for the implementation of labor contract＂ brought double institutional effect on the tripartite subject. Based on three different perspectives of the staffing firm, employers and employees, the paper analyzed dispatching system and proposed some suggestions on the development of the labor dispatch industry.