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近几年来,一种新的人力资源配置方式——劳务派遣在我国悄然升温。这种异于传统劳动关系模式的牵涉“三方两地”的用工形式,在满足灵活就业的市场需求的同时,也引发了劳动关系的不安定、向劳动者转嫁用工成本等负面影响。实践中,因劳务派遣中雇主责任不明产生的争议与日俱增,劳动争议仲裁部门和人民法院在处理此类案件时往往因法律规定不明而意见不一。为了对劳动派遣行为进行有效法律规制,有必要探讨一下派遣机构、要派机构及劳动者三方的法律关系。
In recent years, a new mode of human resources allocation - labor dispatching quietly rising in our country. This different form of employment involving the “three parties and two places”, which is different from the traditional labor relations model, meets the market demand for flexible employment and at the same time triggers the negative impact of instability in labor relations and the transfer of labor costs to workers. In practice, due to the increasing controversy arising from the unclear responsibility of employers in labor dispatch, the labor dispute arbitration departments and the people's courts often disagree with each other in handling such cases due to the unclear legal provisions. In order to effectively regulate labor dispatch, it is necessary to discuss the legal relations between the dispatching agencies, the sending agencies and the tripartite working people.