What are the guarantees for dispatched workers after the implementation of the new labor law?

The amended Labor Contract Law stipulates that dispatched workers have the right to equal pay for the same work as employees of the employing entity. Neither the dispatching entity nor the employing unit shall collect fees from the workers. Workers can form trade unions to protect their own rights and interests, etc.

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between a labor dispatch unit and a dispatched worker shall also specify the employing unit of the dispatched worker, the duration of the dispatch, the position and other circumstances.

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Article 59 A labor dispatch entity shall enter into a labor dispatch agreement with the unit that accepts the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement.

The employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

Article 60 The labor dispatch unit 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.

Article 61 Where a labor dispatch unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be implemented in accordance with the standards of the place where the employing unit is located.

Article 62 Employing units shall perform the following obligations:

1) Implement national labor standards and provide corresponding labor 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.

The employer shall not re-dispatch the dispatched worker to another employer.

Article 63 Dispatched workers shall enjoy the right to equal pay for equal work with the workers of the employing unit. The employer shall, in accordance with the principle of equal pay for equal work, implement the same method of labor remuneration distribution for dispatched workers and workers in the same position in the same unit. If the employing unit does not have workers in the same position, it shall be determined with reference to the labor remuneration of the workers in the same or similar position in the place where the employing unit is located.

The labor remuneration to be paid to the dispatched worker in the labor contract concluded between the labor dispatch unit and the dispatched worker and the labor dispatch agreement concluded with the employing unit shall comply with the provisions of the preceding paragraph.

Article 64 Dispatched workers have the right to join or organize trade unions in labor dispatch units or employing units in accordance with the law to safeguard their lawful rights and interests.

Labor dispatch contracts are governed by the Labor Contract Law.

Article 59 of the Labor Contract Law stipulates that a labor dispatch entity shall enter into a labor dispatch agreement with the employer accepting the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall specify the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement.

The employing unit shall determine the duration of dispatch with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

Article 65 of the Labor Contract Law stipulates that a dispatched worker may terminate a labor contract with a labor dispatch entity in accordance with the provisions of Articles 36 and 38 of this Law.

If a dispatched worker falls under the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law, the employing unit may return the worker to the labor dispatch unit, and the labor dispatch unit may terminate the labor contract with the worker in accordance with the relevant provisions of this Law. Bu Yu.

Legal subjectivityWill the contract be automatically renewed if the contract is not renewed After the expiration of the labor contract, it will not be automatically renewed, and the employer needs to send an inquiry letter one month in advance to confirm with the employee, and the two parties will re-sign the labor contract after communicating with each other. Precautions for renewing the labor contract 1. Since the employee has already worked for a certain number of years in the employer, the renewal of the labor contract may involve changes in the position, position, salary, insurance, benefits, etc., and the employer and the employee need to renegotiate and conclude a new written labor contract. If some of the contents of the original employment contract are still applicable, it should also be clearly stipulated in the new employment contract so that both parties can clarify their rights and obligations.

2. The renewal of the labor contract may also involve the issue of an indefinite labor tent contract. According to the relevant provisions of the Labor Contract Law, if the employer and the employee have entered into a fixed-term employment contract twice in a row, and when the contract is renewed again, the employee may request the employer to conclude an indefinite-term employment contract unless there are specific circumstances prescribed by law, and the employer shall not refuse. In addition, upon expiration of the contract, the employee who has worked with the employer for 10 consecutive years or more is also entitled to enter into a fixed-term employment contract without cracks.

3. After the expiration of the labor contract, whether some employees are in the special protection period such as "pregnancy, childbirth, lactation" or "suspension of work with pay" or "medical treatment period". Article 16 of the Interpretation 1 of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that: "If the employee still works for the original employer after the expiration of the labor contract and the original employer does not raise any objection, it shall be deemed that both parties have agreed to continue to perform the labor contract under the original conditions."

If one party proposes to terminate the labor relationship, the people's court shall support it. It can be seen from this that if the labor contract is not renewed after the expiration of the term, it is regarded as a de facto labor relationship and the renewal of the rights and obligations of the original labor contract. Since there is no written employment contract between the parties, one of the parties may terminate the de facto employment relationship.

If the employment contract expires and both parties do not renew it, the employment contract will be terminated, but the employer still needs to pay the employee a certain amount of economic compensation.

Legal objectivityArticle 66 of the Labor Contract Law of the People's Republic of China Labor contract employment is the basic form of employment in enterprises in China. Labor dispatch employment 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 positions that last for no 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 due to full-time study, 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.