劳务派遣的权利义务
Rights and obligations of labor dispatch
权利义务主要体现在以下三个方面：
Rights and obligations are mainly reflected in the following three aspects:
1．劳务派遣单位要与被派遣劳动者订立书面劳动合同。这一规定也就是再次明确了劳务派遣单位与劳动者之间形成的劳动关系，劳动合同除了要有一般劳动合同的必备条款外，还要明确约定被派遣劳动者的用工单位以及派遣期限、工作岗位等情况。
1. The labor dispatching unit shall conclude a written labor contract with the dispatched workers. This regulation once again clarifies the labor relationship between the labor dispatch unit and the laborer. In addition to the necessary terms of the general labor contract, the labor contract also clearly specifies the employing unit of the dispatched laborer as well as the dispatch period, work position and other situations.
2．劳务派遣单位是本法所称用人单位，应当履行用人单位对劳动者的全部义务。这一规定，明确了劳务派遣单位与劳动者形成本法规定的正式劳动关系。劳务派遣单位要承担用人单位的全部权利和义务。这些权利义务在本法已经有明确的规定。例如，派遣单位承担依法招用劳动者、签订劳动合同以及解除劳动合同时支付经济补偿金、支付工资、参加社会保险并依法缴费等义务；用人单位应依法允许劳动者参加或组织工会等义务，并对派遣单位承担的解除劳动合同时支付经济补偿金、支付工资、参加社会保险并依法缴费等义务承担连带责任。
2. The labor dispatch unit is the employing unit as mentioned in this Law and shall perform all the obligations of the employing unit to the workers. This regulation makes it clear that labor dispatch units and workers form formal labor relations as stipulated in this law. The labor dispatch unit shall bear all the rights and obligations of the employer. These rights and obligations are clearly defined in this law. For example, the sending unit shall undertake the obligations of recruiting workers according to law, signing labor contracts, paying economic compensation, paying wages, participating in social insurance and paying fees according to law when terminating labor contracts; the employing unit shall allow workers to participate in or organize labor unions according to law, and pay economic compensation, pay wages and participate in society when terminating labor contracts undertaken by the sending unit Insurance and payment according to law and other obligations bear joint and several liability.
3．劳务派遣单位与被派遣劳动者至少要订立二年以上的固定期限的劳动合同。劳动合同的期限本应当是由劳动合同双方约定。可以是固定期限的劳动合同，也可以是无固定期限的劳动合同，还可以是以完成一定工作为期限的劳动合同。固定期限的劳动合同，也是双方约定期限。但是本法就劳务派遣中的劳动合同的期限做出了强制规定，即不得少于二年，可以多于二年。
3. The labor dispatching unit and the dispatched workers shall conclude a fixed term labor contract of at least two years. The term of the labor contract should have been agreed by both parties. It can be a fixed-term labor contract, a non fixed term labor contract, or a labor contract with a certain period of work completed. A fixed term labor contract is also a term agreed upon by both parties. However, this law makes compulsory provisions on the term of labor contract in labor dispatch, that is, not less than two years, or more than two years.