劳务派遣适用范围的规范检视与规制路径再思考

劳务派遣的滥用严重侵蚀劳动者合法权益,学界普遍将此问题归咎于《劳动合同法》对劳务派遣适用范围采取的任意性规范立场。在2013年《劳动合同法(修正案)》和2014年《劳务派遣暂行规定》中,立法者回应质疑,将争议条款变更为强制性规范,严格限定了劳务派遣的适用范围。然而,超范围派遣、超期派遣仍然普遍存在。劳务派遣适用范围的相关规制为何失灵?这需要通过回溯立法的博弈过程,检视现行制度的设计偏差,以剖析违法滥用的内在动因为切入点,在借鉴域外经验的基础上,衡平劳动保护并弥补制度漏洞,让市场对劳务派遣做出理性的选择。     

让法律真正成为被派遣劳动者的“护身符”

7月1日，经第十一届全国人大常委会第三十次会议审议通过的修改后的《劳动合同法》正式实施。规范劳务派遣用工，整顿乱象丛生的劳务派遣市场，是修改后的《劳动合同法》要义所在。     

劳务派遣的出路何在

2006年12月26日，十届全国人大常委会第二十五次会议分组审议《中华人民共和国劳动合同法（草案）》。审议中，与会人员认为现在劳务派遣比较混乱，劳动合同法应予以规范。规范是劳务派遣的出路。     

劳务派遣再规范

正近年来,劳务派遣用工在我国已成泛滥之势。为规范劳务派遣用工,2012年底,全国人大常委会作出《关于修改〈劳动合同法〉的决定》,对劳务派遣做了进一步严格规范。但由于《决定》涉及的个别条款过于原则,一定程度上影响了实施效果。因此,关于劳务派遣的专门规章备受社会关注和期待。2013年12月20日,《劳务派遣暂行规定》出台,于2014年3月1日正式实施。该规定将《劳动合同法》关于劳务派遣的精     

劳务派遣职工以加入派遣单位工会为宜

为了保护劳务派遣劳动者的合法权益，使劳务派遣劳动关系处于和谐稳定的状态，《劳动合同法》对于劳务派遣所涉问题作出了专节规定．该法第六十四条规定：“被派遣劳动者有权在劳务派遣单位或者用工单位依法参加或者组织工会．维护自身合法权益。”     

劳务派遣乱象，该管管啦!

【核心阅读】全国人大常委会劳动合同法执法检查报告显示，劳务派遣在部分单位被滥用，派遣工合法权益被损害问题突出。“据全国工会对10多个省份的调查结果推算。全国劳务派遣工不少于2000万。一些行业和用工单位已经把劳务派遣作为主要的用工方式，个别单位甚至达到了90％。”在近期全国人大常委会分组审议劳动合同法实施情况时，全国人人常委会委员周玉清介绍。此前。国际知名奢侈品牌古驰（Gucci）因涉嫌“加班黑幕”及“虐待员工”遭遇调查，劳务派遣也成了厂方逃避责任的挡箭牌。怎样遏制劳务派遣乱像。一时间成为热议的话题。     

《劳务派遣暂行规定》解读（一）

第一章总则 第一条为规范劳务派遣，维护劳动者的合法权益，促进劳动关系和谐稳定，依据《中华人民共和国劳动合同法》（以下简称劳动合同法）和《中华人民共和国劳动合同法实施条例》（以下简称劳动合同法实施条例）等法律、行政法规，制定本规定。     

让法律真正成为被派遣劳动者的“护身符”

7月1日,经第十一届全国人大常委会第三十次会议审议通过的修改后的《劳动合同法》正式实施。规范劳务派遣用工,整顿乱象丛生的劳务派遣市场,是修改后的《劳动合同法》要义所在。劳动合同用工是我国企业的基本用工形式。劳务派遣用工只是补充形式,只能在临时性、辅助性或者替代性的工作岗位上实施。然而这种辅助     

基于典型案例分析的企业劳务派遣用工模式研究

本文通过对100起劳务派遣争议案例的内容分析和统计分析,对企业劳务派遣用工实践中可能出现的劳动争议进行了全面的分类梳理,在此基础上研究了劳动合同法相关法律条款的规定,并进一步探讨了这些规定在实践中对劳务派遣的规制和不足,最后总结分析了《劳动合同法》背景下企业劳务派遣用工模式的特点以及与其他用工模式的区别。     

完善法律法规加大执法监督——关于劳务派遣工权益保障问题的调查

近年来，随着劳动力市场机制作用的不断增强，我省部分行业和企业开始使用劳务派遣用工。尤其是《劳动合同法》颁布之后，全省劳务派遣用工呈现迅猛发展的态势。目前全省共有劳务派遣机构1109家，劳务派遣人员总数已达11.7万人，约占全省企业职工总量的5.7％。     

Women,Science and Culture: Science in the Nineteenth-century Periodical

The Victorian periodical press offers unique insights into many diverse areas of nineteenth-century experience, and the complex relations between gender, science and culture in particular, yet it has been consistently marginalized as a primary resource in academic study. The Science in the Nineteenth-century Periodical (SciPer) project at the universities of Sheffield and Leeds is creating a new point of access to a wide range of non-specialist periodicals across the century by means of a fully searchable electronic index. By detailing the entire contents of each journal, and not just those articles that have a clear scientific relevance, it becomes clear that science formed a fundamental and integral part of nineteenth-century culture. The electronic index, moreover, will include hypertext cross-reference links that will allow the user to identify a dialogic pattern of encounters between ostensibly diverse articles, rather than only to browse in a simple chronological mode. By adopting this innovative approach, the SciPer database will reveal the manifold intertextual relations between the fictional works of women writers like Elizabeth Gaskell and the scientific articles that often appeared in the pages of the same magazines, and will show that writers of both sexes and across several different genres actively engaged in vibrant interdisciplinary debates concerning scientific issues in a forum provided by the periodical. Although the SciPer database itself is not specifically focused on issues of gender, the index will include several periodicals aimed explicitly at a female readership and, by providing access to titles still rarely utilized in modern scholarship, it will offer further insights into the important contemporary debates about women and science, as well as the more subtle ways, in which gendered imagery was employed within scientific discourse. This article details some critical findings from Punch , The English Womans Domestic Magazine , Cornhill Magazine and the Review of Reviews .     

Carnal teachings: raunch aesthetics as queer feminist pedagogies in Yo! Majesty's hip hop practice

This essay puts forward a notion of “raunch aesthetics,” theorizing raunch as an aesthetic, performative, and vernacular practice: an explicit mode of sexual expression that transgresses norms of privacy and respectability. Raunch aesthetics describe creative practices that often blend humor and sexual explicitness to launch cultural critiques, generate pleasure for minority audiences, and affirm queer lives. The author activates her formulation of raunch in analyzing Yo! Majesty, a hip hop group comprised of black female emcees who openly describe their sexual desire for women, and explores how the queer youth of color she works with have responded to their music. Working beyond the unexamined moralisms that give critiques of raunch culture their legitimacy, the author argues that Yo! Majesty's raunch aesthetics transmit queer and feminist teachings. While celebrating carnal pleasures, these artists critique heterosexism, subvert narratives about the incompatibility of belief in Christ and queer sexualities, and trouble notions concerning the emancipation of coming out of the closet and declaring a stable homosexual identity. In demonstrating how raunch aesthetics generate consciousness raising, the author discusses how her youth participants critically read and consume hip hop while negotiating unwieldy meanings of sexuality and gender presentation.     

Feminism, Aestheticism and the Limits of Law

This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of the material body considered as an arte fact of social construction; and the deconstructionist feminism of Drucilla Cornell, for whom ‘the feminine’ is an indeterminate but disruptive force beyond its construction in law and in other social sites. The first component of the argument elaborated here is that each of these approaches ultimately reduces to a form of aestheticism which is incapable of generating a worthwhile and workable feminist approach to the restructuring of politics and law. The second component of the argument involves a return to aesthetics, in particular to the philosophical aesthetics of Kant’s Critique of Judgement. Kant’s aesthetic philosophy, it will be suggested, yields a framework of concepts which, duly re-manipulated, could speak to the very concerns that have inspired postmodernist-feminism: how to attend to (bodily) particularity while avoiding the dangers associated with ‘essentialism’; and how to theorise the propensity of the unrepresentable power of the feminine to exceed both embodied human capacities and the confining rein of socially privileged rationalities. Crucially, however it also responds to a set of preoccupations – those of the feminist lawyer – that cannot be accommodated by postmodernism: how to translate embodied experience into (legal) norms; generalise from the particular; seek consensus; and codify an endless potentiality in the form of law. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Unexpected: Bionic Woman at the Millennium

Wilfred Bion's A Memoir of the Future provides a point of departure for feminist thinking about the millennium. Bion problematizes hopes for the future and associates thought with catastrophic change. Women play an unexpected role in Bion's experimental autobiography, posing provocative questions and unsettling the status quo . Since Bion has little to say about women in his clinical writings, A Memoir sheds light on his thinking and on the post-Kleinian culture of the 1970s. Book I of A Memoir depicts a class- and sex-nightmare played out between men and women, and women and women, in an age of anxiety whose setting appears to be the fascist 'pacification' of Middle England during an unspecified period. In this hallucinatory drama, all encounters are reduced to a brutal fiction of dominance and submission. The violence of the action suggests the primitive mental world of psychosis. Book II of A Memoir satirizes 'the brilliance of masculine thought' through the voices and criticisms of women. But this is the purgatorial movement of Bion's autobiography, inhabited by 'idées mères' (untransformed beta-elements) and haunted by the ghosts of Bion's traumatic war-time experience. A monstrous plot is hatched to kill primitive, fascistic Man, who retaliates and takes the female spoils. Is this the prelude to catastrophic change? Book III stages a country-house debate between different characters who represent aspects of Bion's personality, recapitulating the concerns of his later writing. The debate includes a meditation on childbirth as compared to war trauma, but Bion takes his distance from feminine intuition or common sense. Women fight on both sides of the barriers in the Bionic revolution - becoming, however, figures for the 'unexpected' and precursors of emotional upheaval. The gendering of millennial thought in Bion's Memoir provides an opportunity to scrutinize our own unthought fantasies of change.     

The Between

Thinking with this special issue's group of feminist thinkers – some artists and others scholars – this introduction makes a strong case for co-authorship and a more collaborative humanities, while also insisting that the couple form – that stalwart object of queer and feminist theory – is neither a known quantity nor an exhausted entity, but rather, a field ripe for analysis. Situated squarely within performance studies, this introduction pivots away from questions of ontology and toward method and performativity, in order to ask: what modes of intellectual practice, erotic exchange, political work, and aesthetic experimentation happen uniquely within couple forms, in their most capacious and non-self-same iterations? What queer and feminist work can they do? What, in other words, is possible in the infinity, if indeed it is an infinity, between one and two?     

Other forms of conviviality: The best and least of which is our daily care and the host of which is our collaborative work

In this collaboratively written essay, artists Park McArthur and Constantina Zavitsanos take a queer materialist feminist approach to the entanglement of dependency and reproductive labor, disability, intimacy, and the impossibility of exchanging incommensurables. The text merges the authors' experiences receiving and providing one another care with their artistic practices, and includes instructive performance scores for past, rather than future, events.     

Men in Skirts

There are signs that the wearing of skirts by men appears to be on the increase in the West. Connor's essay provides a series of historical reflections on the signification and cultural phenomenology of male and female apparel. The first appearance of bifurcated dress in the late mediaeval period is considered, along with the struggle between men and women for command of lateral space during the seventeenth century in Europe, as attested to by commentators like John Bulwer and John Evelyn. Explications are offered of the thematics of the fringe and the pocket, as they are dramatized in trousers and skirts, as well as of the logic of lightness and of the pendant. Trousers, Connors concludes, have never lost their fanciful associations with utility, practicality and rationality; they are the signs of occupation, of being taken up in what you do, rather than consumed in what you are. The political victory of the trousered over the untrousered races (Romans, Scots, Indians etc.) is confirmed by its inversion in male masochist fantasies of 'petticoat government', from the late nineteenth century onwards.     

Beyond the scarcity scare: reframing the discourse of hunger with an eco-mind

Solutions to world hunger continue to be impeded by a frame – a set of assumptions – that keeps much of humanity focusing narrowly on quantitative growth. The result is greater food production and greater hunger. Yet, across the world another way of seeing, one grounded in the relational insights of ecology, is transforming food systems in ways that both enhance flora and fauna and strengthen human relationships, enabling farmers to gain a greater voice in food production and fairer access to the food produced.     

Here be monsters: a choreomaniac's companion to the danse macabre

Consider this a vade mecum: an invitation to “walk with me” through more or less uncanny terrains of worlds in the making in search, of(f) course, of monsters. The search will be delving into the areas of “creepypasta:” pieces of cursed prose and pictures that circulate online, waiting to contaminate and possess the next reader. Using a theoretical framework of posthuman and feminist theory, not least the work done by Jacques Derrida and Donna Haraway, this vade mecum asks what it might mean to engage ethically with that which is not supposed to exist, but which haunts us nonetheless. In other words: what does it mean to move, live and engage with spectres in digital times?     

Close Encounters: Solidarity,Servitude and Postcolonial Feminist Affects and Affiliations

Abstract

This essay offers close readings of three texts that in different ways foreground the problems, possibilities and struggle involved in forging affective connections across difference between women: Kate Clanchy, What is She Doing Here? 2008, Jamaica Kincaid, Lucy, 1991a and Marlene Van Niekerk, ‘Labour’, 2004. The author argues that the incomplete and partial nature of affective moments represented in these texts signals possibilities for a cautiously redefined idea of affective feminist solidarity as it is mobilized in the intimacy of domestic spaces.