刍议劳动关系中劳务派遣与劳务外包的替代性

Discussion on Labor Dispatching and Outsourcing Alternative

劳务派遣是市场经济发展的结果,满足了企业用工方式多样化、降低用工成本和提高用工效率的要求,有利于促进社会就业。劳务外包是专业化分工深化的结果,为越来越多的企业采用。文章从三个方面比较了劳务派遣和劳务外包,认为劳务外包对劳务派遣具有一定的替代性,但劳务外包的两个主体——发包企业和承包企业仍可能采用劳务派遣的用工方式。劳务派遣和劳务外包的发展并不改变我国以劳动合同制为主的用工方式。

Labor dispatching is the result of the development of market economy. It meets the needs of companies for various enterprise employees, reduces labor costs, improves labor efficiency, and promotes social employment. Labor outsourcing as the result of a further specialization of division of labor is adopted by more enterprises. This article comparatively analyzed the labor dispatching and labor outsourcing from three aspects, and made a further thinking about ways of enterprise employment. Labor outsourcing would be a certain alternative of labor dispatching in some conditions. Contract awarding enterprise and contracting enterprise, two participants of outsourcing, may use labor dispatching mode of labor. The development of dispatching and labor outsourcing will not change China＇s means of employment--the one characterized by labor contract system.