劳动合同法下实施劳务派遣的对策研究
发布时间：2018-11-07 07:37
【摘要】： 我国是一个人口大国,低技能的劳动力长期供大于求,而且当前我国正处于经济结构调整的关键时期,造成失业人口激增,就业矛盾日益突出。另一方面,经济全球化促使顾客需求多样化,企业面临的竞争愈来愈激烈。企业为了在竞争中立于不败之地,就必须力求降低成本,提高竞争力。劳务派遣就在这一背景下蓬勃发展起来。劳务派遣,这种新型的人力资源配置模式,在满足市场灵活就业需要的同时,也可能成为用人单位侵占被派遣劳动者权益,分化弱势群体,逃避法律责任的手段。2007年6月29日劳动合同法出台,首次将劳务派遣写入章程,劳动合同法的颁布与实施,对劳务派遣各方造成了重大的影响,在劳动合同法下,如何有效的实施劳务派遣成为我们值得探讨的课题。 本文采用规范性的研究方法,有效结合文献资料研究法、案例研究法、演绎、归纳等手段,提出了自己对劳务派遣的理解,进一步梳理了劳务派遣模式中复杂的主体关系,明确了各方的权、责、利,为劳务派遣各方有效的实施劳务派遣提供了理论依据。而且,本文对当前劳务派遣实施过程出现的问题进行了总结,结合劳动合同法的有关规定,分析了劳务派遣各方主体面临的机遇与挑战,进而提出了具有针对性与可行性的对策方案。本文把政府作为劳务派遣的一个重要主体纳入研究对象,使劳务派遣这一概念更加全面,也使本文的写作体系更加完整。 首先,本文从劳务派遣的概念入手,对劳务派遣的概念进行界定,总结了劳务派遣实施的程序,使读者对劳务派遣有一个初步的认识。接着,本文对劳务派遣各方主体关系进行深层次的探讨,阐明了劳务派遣中劳动关系的运行特征,肯定了劳务派遣在降低成本、解决困难群体再就业问题、提高供求岗位的匹配效率、解决供需错位问题、以及解决用人单位人员“能进不能出”等方面的优势。 其次,本文总结了当前劳务派遣运行中存在的问题。主要包括劳动合同缺位、劳动合同短期化、同工不同酬、雇主责任不明、劳务派遣单位良莠不齐、劳务派遣滥用等几个方面。分析了劳动合同法在劳务派遣单位资质、派遣主体权责界定、连带责任、同工同酬等方面限定性规定,指出了政府、劳务派遣单位、用工单位和被派遣劳动者面临的机遇与挑战。 最后,本文分别从政府、劳务派遣单位、用工单位和被派遣劳动者四个主体层面提出了对策方案。政府层面应该进一步完善立法机制和严格审查监督程序;劳务派遣单位层面应该搭建五种服务平台、建立四种管理制度,发挥三种角色作用;用工单位层面应该建立一个由劳务派遣战略选择、劳务派遣单位评估、劳务派遣风险控制、劳务派遣人员管理四大模块组成的有效的劳务派遣管理体系;被派遣劳动者层面应该增强法律意识、设计双层双通道的职业生涯规划、培养良好的职业道德。
[Abstract]:China is a large country with a large population, and the supply of low-skilled labor exceeds the demand for a long time. At present, our country is in the critical period of economic restructuring, resulting in a sharp increase in the number of unemployed people and an increasingly prominent employment contradiction. On the other hand, economic globalization promotes the diversification of customer demand, and the competition faced by enterprises is becoming more and more fierce. In order to be invincible in competition, enterprises must strive to reduce costs and improve competitiveness. In this context, labor dispatch flourished. Labor dispatch, a new mode of human resource allocation, while meeting the flexible employment needs of the market, may also become the employer's encroachment on the rights and interests of the dispatched workers and the differentiation of the vulnerable groups. The means of evading legal liability. On June 29, 2007, the Labor contract Law was issued, the labor dispatch was written into the articles of association for the first time, the promulgation and implementation of the Labor contract Law had a significant impact on the labor dispatch parties, under the Labor contract Law, How to effectively implement labor dispatch has become a topic worth discussing. This paper uses normative research methods, effective combination of literature research, case study, deduction, induction and other means, put forward their own understanding of labor dispatch, further combing the complex main body relationship in the mode of labor dispatch. It clarifies the rights, responsibilities and benefits of all parties, and provides a theoretical basis for the effective implementation of labor dispatch. Furthermore, this paper summarizes the problems in the process of labor dispatch implementation, and analyzes the opportunities and challenges faced by the main parties of labor dispatch, in combination with the relevant provisions of labor contract law. Furthermore, the paper puts forward the countermeasure scheme with pertinence and feasibility. This paper takes the government as an important subject of labor dispatch into the research object, makes the concept of labor dispatch more comprehensive, and makes the writing system of this paper more complete. First of all, this paper starts with the concept of labor dispatch, defines the concept of labor dispatch, summarizes the procedure of labor dispatch implementation, and makes readers have a preliminary understanding of labor dispatch. Then, this paper makes a deep discussion on the relationship between the main bodies of labor dispatch, clarifies the operating characteristics of labor relations in labor dispatch, affirms that labor dispatch is reducing costs and solving the problem of re-employment of difficult groups. To improve the matching efficiency of supply and demand, to solve the problem of supply and demand dislocation, as well as to solve the employers'"in or out" advantages. Secondly, this paper summarizes the problems existing in the operation of labor dispatch. It mainly includes the absence of labor contract, short-term labor contract, unequal pay for equal work, unclear employer's responsibility, mixed good and bad of labor dispatch unit, abuse of labor dispatch, etc. This paper analyzes on the qualification of labor dispatch unit, the definition of power and responsibility of dispatch subject, joint and several liability, equal pay for equal work and so on, and points out the government and labor dispatch unit. Opportunities and challenges faced by employers and dispatched workers. Finally, this paper puts forward countermeasures from four main levels of government, labor dispatch unit, employment unit and dispatched worker. The government should further improve the legislative mechanism and strictly examine the supervision procedures; the labor dispatch unit should build five service platforms, establish four management systems, play three roles; At the level of employment unit, an effective labor dispatch management system should be established, which is composed of four modules: the strategic choice of labor dispatch, the evaluation of labor dispatch unit, the risk control of labor dispatch, and the management of labor dispatch personnel. The dispatched workers should strengthen their legal consciousness, design double-layer and double-channel career planning, and cultivate good professional ethics.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：F249.2
本文编号：2315662
[Abstract]:China is a large country with a large population, and the supply of low-skilled labor exceeds the demand for a long time. At present, our country is in the critical period of economic restructuring, resulting in a sharp increase in the number of unemployed people and an increasingly prominent employment contradiction. On the other hand, economic globalization promotes the diversification of customer demand, and the competition faced by enterprises is becoming more and more fierce. In order to be invincible in competition, enterprises must strive to reduce costs and improve competitiveness. In this context, labor dispatch flourished. Labor dispatch, a new mode of human resource allocation, while meeting the flexible employment needs of the market, may also become the employer's encroachment on the rights and interests of the dispatched workers and the differentiation of the vulnerable groups. The means of evading legal liability. On June 29, 2007, the Labor contract Law was issued, the labor dispatch was written into the articles of association for the first time, the promulgation and implementation of the Labor contract Law had a significant impact on the labor dispatch parties, under the Labor contract Law, How to effectively implement labor dispatch has become a topic worth discussing. This paper uses normative research methods, effective combination of literature research, case study, deduction, induction and other means, put forward their own understanding of labor dispatch, further combing the complex main body relationship in the mode of labor dispatch. It clarifies the rights, responsibilities and benefits of all parties, and provides a theoretical basis for the effective implementation of labor dispatch. Furthermore, this paper summarizes the problems in the process of labor dispatch implementation, and analyzes the opportunities and challenges faced by the main parties of labor dispatch, in combination with the relevant provisions of labor contract law. Furthermore, the paper puts forward the countermeasure scheme with pertinence and feasibility. This paper takes the government as an important subject of labor dispatch into the research object, makes the concept of labor dispatch more comprehensive, and makes the writing system of this paper more complete. First of all, this paper starts with the concept of labor dispatch, defines the concept of labor dispatch, summarizes the procedure of labor dispatch implementation, and makes readers have a preliminary understanding of labor dispatch. Then, this paper makes a deep discussion on the relationship between the main bodies of labor dispatch, clarifies the operating characteristics of labor relations in labor dispatch, affirms that labor dispatch is reducing costs and solving the problem of re-employment of difficult groups. To improve the matching efficiency of supply and demand, to solve the problem of supply and demand dislocation, as well as to solve the employers'"in or out" advantages. Secondly, this paper summarizes the problems existing in the operation of labor dispatch. It mainly includes the absence of labor contract, short-term labor contract, unequal pay for equal work, unclear employer's responsibility, mixed good and bad of labor dispatch unit, abuse of labor dispatch, etc. This paper analyzes on the qualification of labor dispatch unit, the definition of power and responsibility of dispatch subject, joint and several liability, equal pay for equal work and so on, and points out the government and labor dispatch unit. Opportunities and challenges faced by employers and dispatched workers. Finally, this paper puts forward countermeasures from four main levels of government, labor dispatch unit, employment unit and dispatched worker. The government should further improve the legislative mechanism and strictly examine the supervision procedures; the labor dispatch unit should build five service platforms, establish four management systems, play three roles; At the level of employment unit, an effective labor dispatch management system should be established, which is composed of four modules: the strategic choice of labor dispatch, the evaluation of labor dispatch unit, the risk control of labor dispatch, and the management of labor dispatch personnel. The dispatched workers should strengthen their legal consciousness, design double-layer and double-channel career planning, and cultivate good professional ethics.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：F249.2
【引证文献】
相关硕士学位论文 前10条
1 高丽华;“三性”原则视角下我国劳务派遣立法发展方向研究[D];华东政法大学;2010年
2 贾亚坤;基于企业战略柔性的人才租赁研究[D];河北工业大学;2011年
3 杨兟;小议劳务派遣中现存的问题和对策[D];华东政法大学;2011年
4 王宗元;派遣劳动者权利保护研究[D];吉林大学;2010年
5 高莹;劳务派遣法律制度研究[D];河南师范大学;2012年
6 何友天;劳务派遣公司运营风险探析[D];新疆大学;2012年
7 李波;济南市劳务派遣中存在的问题与对策[D];山东大学;2012年
8 张颢;钢铁行业多元化用工下的人力资源成本管理研究[D];云南财经大学;2012年
9 任鹏飞;我国劳务派遣制度存在的问题及其改进[D];福建师范大学;2012年
10 杨霜;劳务派遣法律问题探析[D];新疆财经大学;2012年
，本文编号：2315662
本文链接：https://www.wllwen.com/falvlunwen/hetongqiyue/2315662.html
