劳务派遣制度的滥用及其治理

Abuse and Governance of Labor Dispatching System

《劳动合同法》实施以来,劳务派遣用工不仅没有得到限制和规范,而且有愈演愈烈之势。劳务派遣迅猛发展表象的背后是劳务派遣制度的滥用。利益驱动、国际金融危机的影响、劳动法律的缺漏和政府职责的错位与缺位是劳务派遣滥用的主要原因。劳务派遣滥用损害了劳动者利益、社会公共利益、国家利益和企业的长远利益,已经成为严重的社会问题,需要采取集体行动进行治理。为此,应该通过政府、企业、工会等多个层面的治理,把派遣用工控制在合理的范围内,积极引导企业直接用工,真正落实和维护劳动者的基本权利,以实现劳动关系的正常化与和谐稳定。

Since the implementation of the Labor Contract Law, the labor dispatching industry has been increasingly booming instead of being restricted or regulated, behind which lies the abuse of the labor dispatching system. The main contributing factors to the abuse are the motivation of profits, influence of international financial crises, loopholes in labor laws concerned and absence of governmental responsibilities. The abuse of labor dispatching, which does harm to the interests of laborers, of the social public, of the state and of enterprises in the long run, has already been a severe social problem and calls for a solution by collective action. In view of this, governance from the state, enterprises and workers＇ unions should be put into place to take effective control of labor dispatching and encourage direct labor by enterprises for the realization and protection of the rights of laborers and for the ultimate normalization and harmony of labor relations.