我国劳务派遣制度下的同工同酬问题研究

发布时间：2018-07-03 16:42

本文选题：劳务派遣 + 同工同酬　；参考：《华东政法大学》2011年硕士论文

【摘要】：劳务派遣是市场经济发展的必然结果,我国是一个人口大国,人力资源丰富,劳动力人口过剩,劳务派遣这种用工形式对于缓解我国就业压力,增加就业岗位,安置下岗、失业职工及未就业大学生方面功不可没。但同时,这种用工方式也存在一些缺陷。由于我国法制不健全,以及劳务派遣存在派遣机构、用工单位、被派遣劳动者三方主体,这种用工形式的特殊性,导致其负面影响逐渐凸现。劳务派遣工在用工单位受歧视现象严重,经常被称为二等公民,尤其是劳务派遣工与用工单位正式职工间不能同工同酬,在工资、福利、社保缴纳方面常常受到不公平对待,使职工缺乏安全感,缺乏对企业的归属感及信任感。针对这些现状,08年实施的《劳动合同法》对劳务派遣的概念、适用范围、派遣机构资质、派遣工的保护等方面都做了专门规定,强调了劳务派遣工的同工同酬权以及工资增长权利。但是法律不可能穷尽现实生活中发生的所有问题,随着这种用工形式的广泛化,许多问题逐渐被暴漏,立法中存在的问题也急需解决。文章分三部分来讨论,第一部分分三节主要介绍了劳务派遣及同工同酬的相关概念及特点,对劳务派遣的含义、法律关系及同工同酬的概念作了详细的分析和界定,并用专节对劳务派遣这种特殊用工形式下的同工同酬的特点做了专门的分析。第二部分分三节主要介绍了我国劳务派遣中存在的同工不同酬问题,从我国劳务派遣制度中存在的同工不同酬现状及弊端入手,分析这种现象产生的根源,并提出解决同工同酬问题的必要性。第三部分分两节介绍了我国现行法律对劳务派遣中同工同酬规定存在的不足及解决策略,就如何实现劳务派遣工同工同酬权提出了具体对策,以期对劳务派遣工同工同酬权利的实现有所助益。
[Abstract]:Labor dispatch is the inevitable result of the development of market economy. Our country is a large country with a large population, with abundant human resources and overpopulation of labor force. This form of labor dispatch can relieve the pressure of employment, increase employment posts, and settle laid-off workers in our country. Unemployed workers and underemployed college students can not be ignored. But at the same time, there are some defects in this way. Due to the imperfect legal system in our country, and the existence of dispatch agencies, employment units, and the three main bodies of dispatched workers, the particularity of this form of employment has led to its negative impact. Labor dispatch workers are seriously discriminated against in employment units, and are often referred to as second-class citizens. In particular, labor dispatch workers and formal workers of employment units cannot receive equal pay for equal work. They are often unfairly treated in terms of wages, benefits, and social security payments. So that workers lack security, lack of sense of belonging and trust in the enterprise. In view of these present conditions, the "Labor contract Law", which was implemented in 2008, has made special provisions on the concept, scope of application, qualifications of dispatch agencies, protection of dispatched workers, and so on. The right to equal pay for equal work and the right to wage increase are emphasized. However, the law can not exhaust all the problems in real life. With the widespread use of labor, many problems are gradually broken out, and the problems in the legislation need to be solved urgently. The article is divided into three parts. The first part mainly introduces the related concepts and characteristics of labor dispatch and equal pay for equal work, and makes a detailed analysis and definition of the meaning, legal relationship and the concept of equal pay for equal work. And special section of the special labor dispatch under the form of equal pay for equal work to do a special analysis of the characteristics. The second part is divided into three sections, mainly introduces the problem of equal pay in the dispatch of labor services in our country, starting with the current situation and malpractice of the different pay for equal work in the system of labor dispatch in our country, analyzes the root of this phenomenon. It also puts forward the necessity of solving the problem of equal pay for equal work. The third part is divided into two sections to introduce the shortcomings and solutions of the current law of our country on the equal pay for equal work in the dispatch of labor services, and put forward the specific countermeasures on how to realize the right of equal pay for the dispatch of labor services. With a view to the realization of the right to equal pay for the dispatch of labor.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.5

【引证文献】