美国劳务派遣法律制度研究-法学·国际法学专业毕业论文.docxVIP

遣劳工权利保护的特殊性和具体规定，探讨了派遣劳工加入工会的必 遣劳工权利保护的特殊性和具体规定，探讨了派遣劳工加入工会的必 要性、可行性和具体抉择。对照我国劳务派遣中的发展困境和立法缺 陷，可以从扩大劳务派遣的适用范围、明确雇主共同责任的认定、加 强派遣劳工的权利保障和完善派遣劳工的集体劳动权四个方面着手， 进一步完善我国劳务派遣制度。 关键词：劳务派遣共同雇主原则劳工权利保护集体劳动权 ABSTRACTEmployment ABSTRACT Employment dispatching is a new form of labor using appeared in the labor market．An employee dispatching arrangement is one where some or all of the employees of a business are terminated and immediately re．hired by another company,the“employee dispatching company”，which then dispatch the employees back to the“client company．The most important characteristic of dispatched employment is the separation of‘‘employ’’and‘‘use’’of the labor．The dispatched ～ ·‘- employment involved tripartite subj ect relation，which in the nature of its distinct characteristic in comparison to traditional biunique way of labor using．Labor Contract Law enforced in China in 2008，set up a section， which ordain the dispatching employment first．But compared to mature system of labor dispatching in other countries and regions，our correlative laws and regulations are imperfect and the theory study also need future． Employment dispatching originated from the U．S．in the early 20th century,then get vigorous development．Through to the introduction of phenomenon and the formation of the specific legal precedents of the U．S． dispatched employment，we can analyzed the relative legal system in the U．S．for the reference in our dispatching employment．The key to establish and perfect the dispatching system is to understanding the legal relationship correctly，and clear the rights and obligations of the labor dispatch tripartite relationship．The employment dispatching system in American American create a liability mode of the‘‘common employers’’on the basis of definition of employers and employees，that is to say,both the employee dispatching company and the client company will undertake the due obligations to the employee，especially the collective bargain rights in labor unions by the em