论劳务派遣立法之保障就业功能

以劳务派遣和非全日制用工为典型的非标准就业形式作为一种新生的分裂的力量,迫使国际劳工组织在标准就业和非标准就业之间进行着调整性的让步。各国劳务派遣立法中对传统标准就业的坚持和保留体现在劳务派遣合同的适用条件、劳务派遣合同可续签的次数或累计持续时间以及向直接雇佣转化的机制等几个方面。相较之下,我国劳务派遣立法明显缺失就业保障功能,亟待弥补。

On Functions of Employment Security of Labor Dispatch Legislation

Labor dispatching and part - time employers are the typical forms of non - standard employment, which, as a new power of split, has been forcing the International Labor Organization to make regulatory concessions between standard employment and non - standard one. Every country adheres to the traditional standard jobs in their labor dispatch legislation, which can be indicated in the applicable conditions of dispatching contracts, the number of renewal or cumulative duration, transformation mechanism from indirect employment to direct one, and so on. In contrast, it obviously lacks the same functions to ensure employment in Chinese labor dispatch legislation, which is an urgent issue.