According to the Labor Law, with the implementation of the Labor Law, there is no distinction between regular workers and "temporary workers", all workers are labor contract employees, only the duration of the labor contract is different, and enjoy equal rights.
The General Office of the Ministry of Labor
Reply to the < on the issue of temporary workers on the instructions>
Labor Office of the [1996] 238
Chongqing Municipal Bureau of Labor:
Your Bureau of the "on the issue of temporary workers and other issues on the instructions" (YuLaohuFa 〔1996〕 No. 51) has been received. After study, the reply is as follows:
I. On the question of whether to retain the reference to "temporary workers". After the implementation of the Labor Law, all employers and workers fully implement the labor contract system, and all types of workers enjoy equal rights in the employer. As a result, the name "temporary worker", which used to be used in relation to regular workers, no longer exists. Employers such as temporary positions in the employment of workers, should sign labor contracts with the workers and establish a variety of social insurance in accordance with the law, so that they enjoy the relevant welfare benefits, but in the term of the labor contract can make a difference.
Second, on the issue of whether a worker who has been subjected to compulsory or voluntary drug rehabilitation is considered to be absent from work during the period of rehabilitation, and whether he or she can be removed or dismissed in accordance with the Regulations on Rewards and Punishments for Employees of Enterprises or the Provisional Provisions on Dismissal of Disciplined Workers in State-owned Enterprises. This issue is handled by the employer in accordance with the rules and regulations established by the employer in accordance with the law and the agreement of the labor contract.
Third, on the organs, institutions, social organizations in the "work" personnel, including what personnel and whether or not to apply the Labor Law. In accordance with the relevant provisions of the Provisional Regulations on State Civil Servants, "work" personnel refers to staff in State organs, institutions and public organizations who do not or cannot refer to the civil service system. These personnel shall be subject to a labor contract system in accordance with the relevant provisions of the Labor Law and its supporting regulations.
November 7, 1996