Labor dispatch, also known as manpower dispatch, talent lease, labor dispatch, labor lease and employee lease, refers to a form of employment in which labor dispatch agencies conclude labor contracts with dispatched workers, dispatch workers to other employing units, and then the employing units pay service fees to the dispatching agencies. According to the relevant provisions of the Labor Law, dispatched employees and regular employees should receive equal pay for equal work. In case of different treatment, employees have the right to seek relevant authorities to safeguard their legitimate rights and interests.
How to deal with the occupational diseases of labor dispatch workers
According to the relevant provisions of the Regulations on Work-related Injury Insurance, laborers dispatched by labor services who suffer from occupational diseases can be identified as occupational diseases by applying for work-related injury identification. If it is an occupational disease, it is recognized as a work-related injury.
There are several forms of labor dispatch workers.
Complete dispatching companies (such as China Shipping Think Tank) undertake a complete set of employee dispatching services, including talent recruitment, selection, training, performance appraisal, salary and welfare, safety and health, etc. Transferred enterprises that need labor dispatch recruit, select and train personnel by themselves, and then the dispatching company signs labor contracts with employees, who are responsible for the salary, welfare, performance appraisal and labor dispute handling of employees. Staff attrition dispatch refers to the transfer of the employer identity of the employees recruited or hired by the enterprise to the dispatching company. The enterprise pays the dispatching expenses of the employees of the dispatching company, and the dispatching company pays all possible expenses, including wages, funds, welfare, various social security funds and social and legal responsibilities that all employers should bear. Its purpose is to reduce the fixed staff of enterprises, and enhance the adaptability of organizations and the flexibility of human resources when enterprises face risks. Trial scheduling This is a new scheduling method. During the probation period, the employer will transfer new employees to the dispatching company, and then try them out in the form of dispatching. Its purpose is to make employers more secure in the accurate selection of talents, avoid the risk of error caused by selection and testing, and effectively reduce personnel costs. The short-term dispatching employer and the labor dispatch agency * * * agree to hire and implement the dispatched talent project for a period of time. Dispatching enterprises and institutions will hire relevant professional and technical personnel for a production or scientific research project. In the evening, the employer will use the specific time in the evening to obtain urgently needed talents and dispatch special personnel by the hour. On weekends, dispatch personnel based on Saturday and Sunday. Collective dispatch of state-owned enterprises and institutions will send some or all of the idle personnel to a third party through labor dispatch agencies.
What's the difference between labor dispatch and regular employees?
(1) signed different contracts. Formal employees sign formal labor contracts with employment enterprises, and labor dispatch employees sign labor contracts with labor dispatch companies. Moreover, ordinary labor contracts can be signed for more than three months, but labor dispatch contracts must be signed for a fixed period of more than two years. (2) Different labor benefits 1. Welfare Guarantee The Labor Contract Law stipulates that the dispatched workers have the right to receive equal pay for equal work with the workers of the employing unit. The employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions in the unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located. Although "equal pay for equal work" is stipulated, workers are not employees of the employing enterprises in law, but employees of the labor dispatch companies, so sometimes they can't fully enjoy the welfare benefits of the enterprises themselves. 2. Work-related injury declaration The formal employees shall be declared by the employer, and the dispatched employees shall be declared by the labor dispatch company, and the employer shall assist in the work-related injury identification. 3. The formal employees who terminate the labor contract voluntarily leave their jobs and apply for resignation directly in the employer, while the labor dispatch employees should apply to the labor dispatch company. At the same time, in any of the following circumstances, the employing unit may return the dispatched workers to the labor dispatch unit: (1) The employing unit has the circumstances stipulated in Item 3 of Article 40 and Article 41 of the Labor Contract Law; (2) The employing unit is declared bankrupt, its business license is revoked, it is ordered to close down, it is revoked, it decides to dissolve ahead of schedule or it will not continue to operate at the expiration of its business term; (3) The labor dispatch agreement expires. During the period when the dispatched workers have no work after returning, the labor dispatch unit shall pay the labor remuneration on a monthly basis according to the minimum wage standard not lower than that stipulated by the local people's government. In other words, you can't arbitrarily reduce the salary of the labor dispatch site on the grounds of returning goods. At the same time, it also reminds employers that even labor dispatch workers are not redundant if they want to use them. 4. During the wage settlement period, the wages of dispatched employees are managed and assessed by the employing unit on a monthly basis according to the labor dispatch agreement, and the wages, personal income tax, five insurances and one gold of dispatched employees are determined and paid to the dispatching unit on a monthly basis, and then the dispatching unit issues wages, withholds personal income tax and remits five insurances and one gold. The wage calculation cycle of labor dispatch relationship is more flexible, and wages are calculated by day, week, month or even quarter.
How much is the sick pay of the labor dispatch workers?
The dispatched workers have the right to equal pay for equal work with the workers of the employing unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located. During the treatment of employees' illness or non-work-related injuries, the enterprise shall pay their sick pay or disease relief funds in accordance with relevant regulations within the prescribed medical treatment period. Sick pay or sickness relief can be paid below the local minimum wage, but not less than 80% of the minimum wage.
Who is responsible for the compensation for work-related injuries of labor dispatch workers?
Labor dispatch workers who are injured at work may claim compensation from the dispatching unit. According to the Labor Contract Law, if the employer violates the provisions of this law and causes damage to the dispatched workers, the labor dispatch unit and the employer shall bear joint and several liability for compensation. Paragraph 2 of Article 92 of the Labor Contract Law stipulates that if the employer causes damage to the dispatched workers, the labor dispatch unit and the employer shall bear joint and several liability for compensation.
Legal basis:
Article 10 of the Interim Provisions on Labor Dispatch stipulates that if a dispatched worker is injured by an accident at the employer due to work, the labor dispatch unit shall apply for work-related injury identification according to law, and the employer shall assist in the investigation and verification of work-related injury identification. The labor dispatch unit shall bear the responsibility of work-related injury insurance, but it may agree with the employer on compensation measures. When the dispatched workers apply for occupational disease diagnosis and appraisal, the employing unit shall be responsible for handling the matters of occupational disease diagnosis and appraisal, and truthfully provide information such as the occupational history of the workers required for occupational disease diagnosis and appraisal, the contact history of occupational disease hazards, and the detection results of occupational disease hazard factors in the workplace.