论劳务派遣之劳动关系与劳务关系

An Analysis of Physical Labor Contract and Labor Service Contract

随着经济的不断发展,企业如果想立足于社会,就要不断提高劳动生产率、减少成本。有些企业就在用人制度上"动脑筋",违规使用劳务派遣工,片面追求其自身利益,逃避责任,侵犯了劳动者的合法权益。《劳动合同法》首次对劳务派遣关系进行了立法层面的规定,使得劳务关系有了明确的法律依据,只有劳动关系与劳务关系共同发展,才能促进社会的和谐发展。

With the development of economy, enterprises are faced with the problems of improving productivity and reducing cost. Some of them are working their brains to take the advantage of their employees reganlless of the rules, such as hiring dispatched laborers, blind pmsuit of their own interests, evasion of responsibility, and violating the legitimate rights and interests of laborers. ＂Employment Contract＂, for the finst time, defines the dispatched labor relationship from a legislative level, and thus puts labor relationship on a legal basis. Only when labor relationship and selvice relationship both develop in the meantime, can the society develop harmoniously.