本文以 C 公司为研究对象,主要采用文献法和问卷调查法进行研究,通过结
构式问卷对劳务派遣员工进行问卷调查,目的在于了解公司劳务派遣员工和正式
工、合同工之间因用工身份问题导致的同工不同酬、晋升难等现象,试图揭示公
司目前用工的主要问题,并有针对性地提出相应有效的优化建议
本文先分析了在一些典型国家的法律发展历史与现状,随后对我国劳务派遣
用工的现状进行阐述,并结合我国新修订的《劳动合同法》的关键条款展开论述,
讨论新修改的《劳动合同法》给公司带来的法律风险。本文再通过分析公司正式
工、合同工及劳务派遣员工在薪酬绩效等方面收入不对等的现象,指出相关弊端
针对上述问题,本文从法律层面、公司层面、制度层面和理念层面提出了意见建
议,具体包括:通过加强法律框架内的风险防控、完善薪酬管理制度、建立员工
身份转换的晋升机制、发挥工会保障作用等形式,并结合公司理念的调整,实现
公司可持续发展
关键词:劳务派遣 法律风险 同工同酬 个人发展2
Abstract
C company is an enterprise which manage the highway service area was
established in .Most of its staff from the institutions.With the development of
highway industry,the number of service area that C company manage is also
increasing.Employees can not Satisfy the current management,so C company have
recruited some personnel.However, these employees are not signed labor contracts
with C.They are anchored in the labor dispatch company and work in C company as
labor dispatch employees.These employees are suffering the discrimination in pay,
performance, career development and other aspect in company.
In this paper, C company is the object of study.The paper main use literature and
empirical analysis.A questionnaire survey was carried out on the labor dispatch
employees by the structured questionnaire.It aim to understand the differences in pay,
promotion and other phenomena between the contract employees and the regular
workers and the labor dispatch staff.Attempt to reveal the main problems of the
company at present, and put forward the corresponding effective suggestions.
This paper first analyzes the history and current situation of the legal development
in some typical countries,then describe the status of labor dispatch in our country.The
paper discuss the key provisions of the new labor contract law of our country,and
discuss the legal risks that the newly revised labor contract law brings to the
company.Through the analysis of the company regular workers, contract employees
and labor dispatch employees in wages, social insurance, welfare and other aspects of
the same work with different pay, pointing out that this is not conducive to internal
harmony and stability, but also does not meet the long-term development needs of the
company.According to the above problems,suggestions are put forward based on the
legal level, system level and concept level.To achieve the goal of harmonious, stable,
healthy and sustainable development of the company,we need to adjust the company's
concept.And we can achieve it by strengthening the risk prevention and control within
the legal framework, improving the salary management system, establishing the
promotion mechanism of employee identity transformation, giving play to the role of
trade union support in various form.
Key words: labor dispatching legal risk equal pay for equal work
personal development
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