对现行劳务派遣用工制度的考察

Investigation and Analysis of the Current Service Dispatching System

我国的劳务派遣用工自产生以来,其利弊得失、是非曲直一直颇具争议。而《劳动合同法》生效后不久所呈现的劳务派遣用工"井喷"现象再度提醒理论与实务界应给予高度重视。为避免劳动法构筑的"千里和谐劳动关系长堤"毁于劳务派遣"乱象"之蚁穴,我国应借鉴国外对劳务派遣谨慎而从严限制的经验做法,完善我国的劳务派遣用工制度。

Since the inception of service dispatching system, its advantages and disadvantages, its rights and wrongs have been quite controversial. The ＂blowout＂ of service dispatching shortly after the commencement of ＂Labor Contract Law＂ reminds the relevant theory and practice world to pay high attention to it again. In order to curb the chaos in our service dispatching, and to avoid the destruction of the long causeway of harmonious labor relations constructed by the labor law, we should draw lessons from foreign experience with careful and strict hmitation on the labor dispatching, and consummate our country＇ s labor dispatching system.