高校劳务派遣制度变迁与改革路径探索

The exploration of institutional change and reform route of university labor dispatching

劳务派遣是当前公办高校编制外用工的一种主要形式,其存在诸多问题,集中表现为用工行为有悖于劳动合同法的相关规定、对被派遣员工权益保护不力、被派遣员工晋升通道不畅等。问题原因存在于多方面,表现为监管疏漏、被派遣员工能力局限性和法律缺陷等。从制度变迁角度来看,高校劳务派遣制度有其发生、发展的客观必然性,但随着时间推移,其已经不能适应高等教育新形势,应该适时对其进行改革,改革路径包括三个方面,即实行递进式编制管理方式,控制劳务派遣用工量,探索劳务派遣用工替代方式。

Labor dispatching is currently aprimary employment way of non-permanent employees for public universities.In the implementation of this system,some drawbacks including the incompatibility of employment with Labor Contract Law,the low performance in the protection of labors′rights and the interests,and inefficient promotion mechanism have also appeared to be evident.The causes of these problems are regulatory oversight,the capacity limitation of dispatched staff and legal defects,etc.From the perspective of institutional change,the occurence and development of the university labor dispatching system has its objective necessity.But as time goes by,it has already been unable to adapt to the new situation of higher education,and should be reformed in due course.This paper promotes to reform the university labor dispatching system in the following ways,such as the progressive management mode,total employment control as well as alternative ways for labor dispatching.