《劳动合同法》视野下的劳务派遣

Labor Dispatching under the View of Labor Contract Law

作为一种新型的劳动力配置方式,劳务派遣以其灵活的用工方式得到了市场的认可而迅猛发展。2008年施行、2012年年底修订并于2013年7月实施的《劳动合同法》更是对劳务派遣制度做了相应全面的规范,但仍存在一些遗留问题,需要进一步规制劳务派遣的价值取向,明确界定"三性"及其适用,合理规范被派遣劳动者的权利和义务,真正落实同工同酬。

As a new type of labor force disposal form, Labor dispatching has got rapid development in the market because of its flexible employment way. Labor Contract Law, which was implemented in 2008, revised at the end of 2012, and put into effect in July ,2013, has made corresponding and all -round specifications about labor dispatc- hing system. Yet there still exist some leftover problems to be considered and solved：the value orientation of labor dispatching should be regulated, ＂three characteristics＂ and its application should be defined explicitly, the rights and duties of laborers dispatched should be stipulated reasonably and ＇ equal pay for equal work＇ should be truly carried out.