劳务派遣与劳动者权益保护

Labor Dispatching and Protection of Labor Rights

劳务派遣制度的形成与发展有其特定的社会因素,但该制度在我国却没有获得良性发展,反而呈现出诸多乱象。现行的《劳动合同法》对劳务派遣制度有一定的规定,但在实践中操作性不强,且未得到严格的执行。要真正实现对劳动者权益的保护,需要立法与司法机构共同发挥作用。此外,法律之外的社会规制对于劳动者权益保障而言同样具有重要意义。

The formation and development of labor dispatch system have been impacted by specific social factors. However, the system did not get sound development in China, but showed a lot of chaos. Both the root causes of this phenomenon are that the current ＂Labor Contract Law＂ has not been implemented, but also there is no legislation on related systems. To truly realize the protection of labor rights, legislative and judicial agencies need to play a role. In addition, social regulation outside the law in terms of protection for workers＇ rights are equally important.