上海市劳务派遣现状分析及对策研究
发布时间：2018-10-24 09:39
【摘要】：劳务派遣是指由劳务派遣单位与派遣工签订劳动合同，根据用工单位的要求，劳务派遣单位将派遣工派往用工单位工作，派遣期间派遣工接受用工单位指挥和管理的一种特殊用工方式。从其诞生之日起，“雇佣”和“使用”分离成为劳务派遣最主要的特征，有别于传统的用工形式，是一种非主流、灵活的就业方式。 作为非标准劳动关系的一种，在我国，劳务派遣伴随着改革开放、国企改制、城市化的进程，在缓解劳动力供求不足，解决下岗职工再就业，突破编制限制，根据企业生产需要解决短期临时性用工发挥了积极的作用，具有一定的社会价值和经济价值。但在发展的过程中也出现了同工不同酬、异地劳务派遣等一些侵害劳动者合法权益的问题。随着劳务派遣问题的日益突出，政府也开始关注劳务派遣的规范发展，通过制定和修改《劳动合同法》，进一步规范劳务派遣市场，引导行业有序发展。 本文在参考学界对劳务派遣研究成果的基础上，对上海市部分劳务派遣单位2011年全年的数据进行统计，结合调研劳动者、派遣单位工作人员、用工单位人事等一线人员，听取他们对当前劳务派遣用工状况的意见和建议，通过分析、比较等方法研究上海劳务派遣存在的必要性及其问题，结合新修改的《劳动合同法》，提出上海劳务派遣规范发展的对策。 本文分为四个章节： 第一章节主要通过引用一些数据和资料，通过对部分劳务派遣单位的调研，从劳务派遣市场、劳务派遣单位、劳务派遣员工、相关法律规定等方面阐述上海劳务派遣的现状。 第二章节从缓解体制转轨中的社会矛盾、劳动者和用工单位的需求等三方面分析上海劳务派遣存在的必要性，并对调研中发现的上海劳务派遣存在同工不同酬、合同工变为派遣工、异地劳务派遣等问题进行分析。 第三章节主要通过对新旧《劳动合同法》的分析比较，从正反两方面提出新《劳动合同法》实施对上海劳务派遣的影响。 第四章节通过对上海劳务派遣的现状分析，结合已暴露出的问题，，从尽快完善相关制度、加强日常监管、工会建设、市场引导等方面探讨上海劳务派遣的发展对策。
[Abstract]:Labor dispatch means that the labor dispatch unit signs a labor contract with the dispatched worker, and according to the requirements of the employment unit, the labor dispatch unit sends the dispatched worker to work in the employing unit, A special mode of employment under the command and management of an employer during dispatch. Since its birth, the separation of "employment" and "use" has become the most important feature of labor dispatch, which is different from the traditional form of employment and is a non-mainstream and flexible way of employment. As a kind of non-standard labor relations, in our country, labor dispatch is accompanied by the reform and opening up, the reform of state-owned enterprises and the process of urbanization, in alleviating the shortage of labor supply and demand, solving the problem of re-employment of laid-off workers, and breaking through the establishment restrictions. According to the production needs of enterprises, short-term temporary employment plays an active role and has certain social and economic value. However, in the process of development, there are some problems that affect the legitimate rights and interests of workers, such as the different pay for equal work and the dispatch of labor services in different places. With the increasingly prominent issue of labor dispatch, the government also began to pay attention to the standardized development of labor dispatch, through the formulation and amendment of "Labor contract Law", to further standardize the labor dispatch market, guide the orderly development of the industry. Based on the results of academic research on labor dispatch, this paper makes statistics on the data of some labor dispatch units in Shanghai for the whole year of 2011, combining with the front-line personnel, such as research workers, personnel of dispatch units, personnel of employment units, etc. To listen to their opinions and suggestions on the current situation of labor dispatch, and to study the necessity and problems of labor dispatch in Shanghai by means of analysis and comparison. Combined with the newly revised Labor contract Law, this paper puts forward the countermeasures for the development of Shanghai labor dispatch standard. This article is divided into four chapters: the first chapter mainly by citing some data and information, through the investigation of some labor dispatch units, from the labor dispatch market, labor dispatch units, labor dispatch staff, Related legal provisions and other aspects of Shanghai labor dispatch status. The second chapter analyzes the necessity of the existence of labor dispatch in Shanghai from three aspects of alleviating the social contradiction in the system transition and the demand of the laborer and the employment unit, and makes an analysis of the different pay for the same work found in the labor dispatch in Shanghai. Contract workers into dispatch workers, labor dispatch and other issues to be analyzed. The third chapter mainly through the analysis and comparison of the new and old "Labor contract Law", put forward the positive and negative aspects of the implementation of the new "Labor contract Law" on the impact of Shanghai labor dispatch. The fourth chapter analyzes the current situation of labor dispatch in Shanghai and discusses the development countermeasures of labor dispatch in Shanghai from the aspects of perfecting relevant system strengthening daily supervision trade union construction market guidance and so on.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：F249.27
本文编号：2291016
[Abstract]:Labor dispatch means that the labor dispatch unit signs a labor contract with the dispatched worker, and according to the requirements of the employment unit, the labor dispatch unit sends the dispatched worker to work in the employing unit, A special mode of employment under the command and management of an employer during dispatch. Since its birth, the separation of "employment" and "use" has become the most important feature of labor dispatch, which is different from the traditional form of employment and is a non-mainstream and flexible way of employment. As a kind of non-standard labor relations, in our country, labor dispatch is accompanied by the reform and opening up, the reform of state-owned enterprises and the process of urbanization, in alleviating the shortage of labor supply and demand, solving the problem of re-employment of laid-off workers, and breaking through the establishment restrictions. According to the production needs of enterprises, short-term temporary employment plays an active role and has certain social and economic value. However, in the process of development, there are some problems that affect the legitimate rights and interests of workers, such as the different pay for equal work and the dispatch of labor services in different places. With the increasingly prominent issue of labor dispatch, the government also began to pay attention to the standardized development of labor dispatch, through the formulation and amendment of "Labor contract Law", to further standardize the labor dispatch market, guide the orderly development of the industry. Based on the results of academic research on labor dispatch, this paper makes statistics on the data of some labor dispatch units in Shanghai for the whole year of 2011, combining with the front-line personnel, such as research workers, personnel of dispatch units, personnel of employment units, etc. To listen to their opinions and suggestions on the current situation of labor dispatch, and to study the necessity and problems of labor dispatch in Shanghai by means of analysis and comparison. Combined with the newly revised Labor contract Law, this paper puts forward the countermeasures for the development of Shanghai labor dispatch standard. This article is divided into four chapters: the first chapter mainly by citing some data and information, through the investigation of some labor dispatch units, from the labor dispatch market, labor dispatch units, labor dispatch staff, Related legal provisions and other aspects of Shanghai labor dispatch status. The second chapter analyzes the necessity of the existence of labor dispatch in Shanghai from three aspects of alleviating the social contradiction in the system transition and the demand of the laborer and the employment unit, and makes an analysis of the different pay for the same work found in the labor dispatch in Shanghai. Contract workers into dispatch workers, labor dispatch and other issues to be analyzed. The third chapter mainly through the analysis and comparison of the new and old "Labor contract Law", put forward the positive and negative aspects of the implementation of the new "Labor contract Law" on the impact of Shanghai labor dispatch. The fourth chapter analyzes the current situation of labor dispatch in Shanghai and discusses the development countermeasures of labor dispatch in Shanghai from the aspects of perfecting relevant system strengthening daily supervision trade union construction market guidance and so on.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：F249.27
【参考文献】
相关期刊论文 前2条
1 孙伟,黄培伦;公平理论研究评述[J];科技管理研究;2004年04期
2 李尚勇;;发达国家劳务派遣用工规制[J];中国劳动;2011年11期
本文编号：2291016
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