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2008年1月1日起施行的《劳动合同法》对劳务派遣进行了专章规定,规定被派遣劳动者与用工单位的劳动者享有同工同酬的权利,今年7月1日,修改后的《劳动合同法》又将劳务派遣的“临时性、辅助性、替代性”予以明确。近期,《劳务派遣若干规定(征求意见稿)》又向社会公开征求意见。接二连三的政策“组合拳”让“同工同酬”成为了热门词汇,也让广大劳务派遣工(本文为了行为方便,部分地方对劳务派遣工用“临时工”一词)看到了摆脱“二等待遇”的曙光。然而,日前人社部官员“劳务派遣工同工同酬不包括福利和社保”的言论,无异于给劳务派遣工当头一盆凉水,希望再次蒙上阴影,“伤不起”的呼声一片。当前,福利待遇已成为劳动者工资收入的重要组成部分,那么,剔除了福利待遇和社保,同工同酬岂不又成了一句空话?究竟怎样才算同工同酬?借着《劳务派遣若干规定》出台的东风,对“同工同酬”给出一个正式的解释,应是最佳时机。
The Labor Contract Law, which came into force on January 1, 2008, set forth a special chapter on labor dispatch. It stipulates that workers who are dispatched to work and employees of the employing units shall enjoy equal pay for equal work. On July 1, this year, the amended “labor Contract Law ”in turn dispatch the“ temporary, supporting, alternative ”to be clear. Recently, “a number of provisions of labor dispatch (draft)” and public comments for the public. One after another policy “combo box ” “equal pay for equal work ” has become a hot word, but also to the majority of labor dispatching workers (this article in order to facilitate the behavior, in part for the labor dispatching workers “temporary workers ”) Get rid of “second-class treatment ” of the dawn. However, recent statements made by officials and officials of the Social Welfare Department on the issue of “labor dispatcher equal pay does not include welfare and social security” are tantamount to sending more workers to the dispatched workers for cold water and hope to cast a shadow over again. one slice. At present, the welfare benefits have become an important part of the wage income of workers. Then, excluding the benefits and social security, equal pay would not become an empty talk? How to calculate equal pay? By the “provisions of a number of labor dispatch,” the introduction of Dongfeng , Giving an official explanation of “equal pay for equal work ” should be the best time.