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劳务派遣是指依法设立的劳动力派遣机构和劳动者订立劳动合同后,依据与接受派遣单位订立的劳务派遣协议,将劳动者派遣到接受派遣的单位工作。劳务派遣的最显著特征就是劳动力的雇用和使用分离。劳务派遣在我国已经非常普遍地存在,而且发展极为迅猛,它对于满足用人单位临时性、辅助性或者替代性劳务用工需求有着极大的优越性。但是,《劳动法》没能很好解决被派遣劳动者的权益保护问题,致使一些企业钻了法律空子,被派遣劳动者权益受到了严重侵犯。那么,用工单位、劳务派遣单位与被派遣劳动者究竟存在怎样的关系?新近出台的《劳动合同法》对于劳务派遣作了哪些明确规定,企业应该怎样应对呢?本期我们邀请了劳动法专家、长期致力于劳动法律实务与研究的阎付克律师给大家就如何明确劳务派遣三方的权利义务以及如何处理三方关系的争议问题提供专业意见和应对策略。
Labor dispatching refers to the establishment of labor dispatch agencies and workers after the conclusion of the labor contract, based on the dispatch unit to send the labor dispatch agreement with the dispatch of workers to the dispatch of units to work. The most prominent feature of labor dispatch is the separation of employment and use of labor. Labor dispatch has been very common in our country, and its development is extremely rapid. It has great superiority for meeting the temporary, auxiliary or alternative labor and employment needs of employers. However, the “Labor Law” failed to properly solve the protection of the rights and interests of the workers dispatched. As a result, some enterprises drilled legal loopholes and their rights and interests were severely violated. So, what is the relationship between employment units, labor dispatch units and dispatched laborers? What are the explicit provisions on labor dispatch issued by the recently promulgated “Labor Contract Law” and what should enterprises do? In this issue we invited labor law experts Yan Fuke, a lawyer who has long been devoted to labor law practice and research, provided expert advice and countermeasures on how to define the rights and obligations of labor dispatch among the three parties and how to handle the disputes over the tripartite relations.