关键词: 劳务派遣 , 双重雇主, 泛岗位化 , 同工同酬 , 《关于修改〈中华人民共和国劳动合同法〉的决定》

Abstract:

Labor dispatch is a variation of standard labor relations，but the rights and obligations among the three parties involved can be established under the framework of both parties’ legal relationship without creating a new theory model. As for the governance of excessive generalization of posts in labor dispatch，there are alternatives between strict ban and restriction under guidance in legislation. Now that it is strictly banned by law，relevant specifications should be perfected timely，executive law enforcement and judicial power should be effectively deployed to safeguard the implementation of the ban，so as not to break the law and let the public down and make laborers chilling.
 

Key words: abor dispatch, double employer；generalization of posts；equal pay for equal work；The Decision of Modifying the ‘Labor Contract Law of the People’s Republic of China’