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劳务派遣工要面对派遣方和用工方“双重雇主”。特殊的三方主体关系、单一的权益救济方式及自身的弱势,导致派遣工劳动权益的个体化维护事倍功半,组织化的维权路径是必要选择。目前劳务派遣下的组织化维权面临派遣工入会的选择尴尬,自身缺乏足够的集体维权意识和能力,难以与派遣单位或用工单位工会形成共同意志,组织化动力不足等诸多制约。为此,应构建能够代表派遣工集体意志的多元组织,并消除其加入工会类组织的门槛障碍;通过自上而下方式构建行业联合会且与企业工会并存;在此基础上再创新派遣工组织的诉求表达机制,探索集体谈判和代表诉讼的可行性与操作性。
Labor dispatchers have to face dispatchers and employers “double employers ”. The special tripartite relationship between the parties, a single remedy for the rights and interests and its own weaknesses result in less effective individual maintenance of dispatched workers' rights and interests. The organized rights protection is a necessary choice. At present, the organized rights protection under labor dispatch is embarrassed by the choice of dispatching workers into the association. It lacks sufficient awareness and ability to safeguard the rights of collectives, and it is difficult to form a common will with the dispatch unit or labor union of the employing units. To this end, we should build a multi-dimensional organization that represents the collective will of the dispatched workers and eliminate the barriers to its entry into the trade union organizations. By establishing a trade union top-down and coexisting with the trade unions, we should create new dispatched workers Organizational appeal expression mechanism to explore the feasibility and operation of collective bargaining and representative litigation.