我国劳务派遣法律制度的完善对策

Analysis of the Perfection of Legal System of Labor Dispatching in China

劳务派遣作为一种传统雇主与雇员两者构成的传统劳动关系的新型用工形式,其灵活性促进劳动者就业,活跃劳动力市场,同时也简化了用工单位的用工形式,降低用工成本,方便管理。但是劳务派遣在发展过程中仍然存在立法不足和缺陷,这种不成熟之处主要表现在劳务派遣行业准入门槛较低、监管力度不够等导致劳动者合法权益得不到应有的保护。我国立法者应该就这些问题深入思考,理论结合实践,对劳务派遣法律制度加以完善,使其能够充分发挥活跃劳动力市场的积极作用。

Labor dispatch is a tradition of both employers and employees the new form of employment of labor relations. Its flexibility not only promotes workers to obtain employment and makes labor market active, but also simplifies the project unit form of labor, reduces the labor costs, and offers convenient management. But labor dispatch is still in the process of development of legislative deficiencies and defects, the immature place in labor dispatching industry admittance threshold low, deficient regulation and they lead workers＇ legitimate rights and interests not to be in due protection. Legislators should think deeply about these problems in our country, the theory should be combined with practice, and the legal system of labor dispatching needs to be perfect to give full play to the positive role of active labour market.