劳务派遣女工的劳动权益保障盲点和法律完善

The Blind Spots and Improvement in Legislation on Protecting the Labor Rights of Female Dispatched Workers

近几年,劳动合同制度的纵深推行和劳务派遣制度的广泛实施,一方面促进了企业的发展和就业的提高,另一方面也带来了劳动者劳动权益受损的负面效果,尤其是劳务派遣领域的派遣女工,由于其身份的特殊,不仅要遭受普通劳务派遣工所承受的"同工不同酬"等不公平待遇,还要遭受只有派遣女工才会遇到的"三期"被退回等特殊待遇。劳务派遣女工的劳动权益保障存在责任主体不明、罚则力度不够等法律盲点,急需从立法、司法等方面加以弥补和完善。

In recent years, labor-dispatching has been a popular practice that expands on contract labor in local areas. It promotes the de- velopments of enterprises and employment. It, however, has also brought forth negative impact on workers＇ rights and interests. Espe- cially, women dispatched workers, due to their special identity, face unequal treatment in the form of unequal pay for equal work. They also experience the ＂3 periods＂ in which they might be sent back and other special unfair treatment. There exists unclear definition of responsibilities in the protection of the rights and interests of female dispatched workers. There is an urgent need to overcome the blind spots in the legislative and judicial protection of these women＇s labor rights.