Labor dispatch refers to a new form of employment in which a labor dispatch entity establishes a labor relationship with the dispatched worker, dispatches the worker to the employing unit, and the dispatched worker engages in labor under the command and supervision of the employing unit.
Netizen consultation:
What is the scope of labor dispatch?
Lawyer answers:
Labor contract employment is the basic form of employment in China. Labor dispatch is a supplementary form and can only be implemented in temporary, auxiliary or substitute jobs.
Temporary jobs refer to positions that do not last more than 6 months;Ancillary jobs refer to non-main business positions that provide services to main business positions;Substitute jobs refer to positions in which employees of the employer are unable to work for a certain period of time due to full-time study, Xi, vacation, etc., and can be replaced by other workers. The decision of the employing unit to use the auxiliary position of the dispatched worker shall be discussed by the workers' congress or all employees, and the plan and opinions shall be put forward and determined through consultation with the trade union or employee representatives on an equal footing, and shall be publicized within the employing unit. The employing unit shall strictly control the number of labor dispatch workers, and shall not exceed a certain proportion of its total number of employees, and the specific proportion shall be prescribed by the labor administrative department.
Lawyer adds:
The labor dispatch entity shall inform the dispatched worker of the contents of the labor dispatch agreement. The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement. Labor dispatch units and employing units shall not collect fees from dispatched workers.
The employer shall perform the following obligations:
1) Implement national labor standards and provide corresponding working conditions and labor protection;
2) Inform the dispatched worker of the work requirements and remuneration;
3) Pay overtime pay and performance bonuses, and provide job-related benefits;
4) Conduct the necessary training for the dispatched workers on the job;
5) In the case of continuous employment, the normal wage adjustment mechanism shall be implemented.
Legal basis] Labor Contract Law
Article 66 [Applicable Positions of Labor Dispatch] Labor contract employment is the basic form of employment of enterprises in China. Labor dispatch is a supplementary form and can only be implemented in temporary, auxiliary or substitute jobs.
The temporary jobs provided for in the preceding paragraph refer to the positions that do not last for more than six months;Ancillary jobs refer to non-main business positions that provide services to main business positions;Substitute jobs refer to positions in which employees of the employer are unable to work for a certain period of time due to full-time study, Xi, vacation, etc., and can be replaced by other workers.
The employing unit shall strictly control the number of labor dispatch workers, and shall not exceed a certain proportion of its total number of employees, and the specific proportion shall be prescribed by the labor administrative department.
Profile of lawyer Chen Dongyue
Chen Dongyue, who studied at Shandong University as a bachelor's degree and Hainan University as a master's degree, has a legal professional qualification certificate, a teacher qualification certificate and other certificates, and actively participates in academic, practical and public welfare activities. He has completed a number of innovative projects in Hainan Province, served as the legal counsel of many companies, and has undertaken hundreds of cases, and devoted himself to public welfare activities in his spare time.