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长期以来,由于我国劳务派遣单位的市场地位不明确,经营资质缺乏审批程序,多数劳务派遣组织与劳务承包或劳务中介混为一体,无序竞争和侵犯被派遣劳动者权益的情况较为普遍,一些企业试图利用劳务派遣规避法律责任的事件频现报端。相继实施的《劳动合同法》和《劳动合同法实施条例》(简称《条例》),明确了劳务市场主体的地位及权利义务,规范了劳务市场秩序,有力地维护了被派遣劳动者的合法权益,结束了我国劳务派遣无法可依的历史。
For a long time, due to the unclear market position of labor dispatching units and the lack of examination and approval procedures in business qualification, most labor dispatch organizations are mixed with labor contracts or service agencies. Disorderly competition and violations of the rights and interests of dispatched workers are more common. Some Enterprises trying to use labor dispatching to circumvent legal responsibility frequently reported. The “Labor Contract Law” and the “Regulations for the Implementation of the Labor Contract Law” (“the Regulations”), which have been successively implemented, have clearly defined the status and rights and obligations of the main body of the labor market, standardized the labor market order and effectively protected the lawfulness of dispatched workers Rights and interests, the end of China's labor dispatch can not be history.