劳务派遣及其法律规制——兼论劳动合同法有关条款的完善

劳务派遣作为一种重要的用工方式在我国发展迅速,<劳动合同法>及其<实施条例>对此构建了框架性的规范,但在劳务派遣单位的资质、用工单位的法律地位、劳动合同解除、适用范围、责任分配等方面留有与实践不符或理论上仍需探讨的领域.应当对劳务派遣单位设立等五个方面完善法律条款.

Labor Dispatching and Its Legal Regulation

As an important employment mode,labor dispatching has developed rapidly in China.The Law of Labor Contract and the Regulations for the Implementation of the Law of Labor Contract has offered a frame regulation of labor dispatching.However,some provisions are still unconformity to practice and need more research,such as the qualification of staffing firms,the legal station of employing units,the rescission of labor contracts;the application scope and obligation and so on.The legal provisions should be improv...