Can 2019 labor dispatch workers become regular?

In fact, there is no clear provision in the law on the regularization of labor dispatch employees, if you want to determine whether it can be regularized, it depends on the following three aspects, and one of them can be regularized

1. The policy stipulates that it will be regularized.

A few days ago, Shanshi saw the news, and the human resources and social security department of Shushan District, Hefei, Anhui Province reflected: In the future, according to the proportion of about 20% of the qualified number of qualified people, outstanding talents will be selected from among the third-party appointed personnel, and they will be transferred to the status of district employment and enjoy the treatment of district employment. "Third-party appointed personnel who have served on the job for 3 consecutive years and pass the annual assessment can apply to participate in the examination and assessment organized by the district human resources and social security department, and enter the district employment sequence on the basis of merit, breaking the identity 'ceiling'.

This provision is undoubtedly a shot in the arm for dispatch workers.

In addition to Anhui, Shanshi believes that many places will also introduce corresponding policies and regulations to attract, retain, use and motivate talents.

2. The labor dispatch company is regularized.

These depend on how the dispatch worker and the employer who signed the employment contract agree. Labor dispatch workers are labor contracts signed with labor dispatch agencies, and there is no labor relationship between them and the employer, and if they want to become regular, they must sign a labor contract with the employer to agree.

3. The employer becomes a regular.

That is, if the employee actually works in the company, if the employee performs well in the company, and his ability and overall quality exceed that of a regular employee or is appreciated by his colleagues and superiors, he or she will be given a regular job if there is a vacancy. Many people have entered the labor dispatch positions of Tencent, Huawei and other companies, and there is also an opportunity to be assessed and regularized every year Specifically, it is necessary for workers to communicate with the personnel department after entering the company, and pay more attention to opportunities, but must not forget to be down-to-earth and work hard

Nowadays, many workers have such a question, can dispatched workers become regular? First of all, the dispatched worker is a regular employee himself, but the dispatched worker and the labor dispatch unit constitute an employment relationship, but not with the employing unit (the unit dispatched to work). Secondly, labor contract employment is the basic form of employment in China's enterprises.

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 the employees of the employer are unable to work due to full-time study, vacation, etc., and can be replaced by other workers. Legal basis:

Article 58 of the Labor Law of the People's Republic of China provides that a labor dispatch unit is an employer referred to in this Law and shall fulfill its obligations to its employees. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, 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.

Labor dispatch, i.e., labor leasing, is a labor contract signed between the dispatching agency and the worker, and the worker is dispatched to other employers, who then pay a service fee to the dispatching agency. A dispatched worker is a dispatched worker. So can dispatched workers become regulars?

I'll answer it for you below.

First of all, labor dispatch can be regularized. If you sign up for a labor dispatch company now, you can become a regular after a few years. But it depends on whether the company is willing to let you turn regular.

If you want to be regularized, let you become regular, and sign a contract with you directly, not labor dispatch; If you don't want to be regularized, first, you can stop you from continuing to work and find someone else, and second, you continue to work, but find another labor service to sign a contract with you, and continue to be a labor dispatch.

Social insurance

Unemployed persons of state-owned enterprises become employees of labor dispatch enterprises after signing labor contracts with labor dispatch enterprises. According to national regulations, all enterprises must pay various social insurance premiums for their employees. Therefore, after an unemployed person of a state-owned enterprise is reemployed by a labor service company, the labor service company must pay five social insurance premiums for him, namely, basic pension insurance premiums, unemployment insurance premiums, medical insurance premiums, work-related injury insurance premiums, and maternity insurance premiums.

Housing Provident Fund

According to the relevant regulations of the state and our city on the management of housing provident fund, employees who have been employed in the same non-public enterprise for more than one year (including one year) must pay housing provident fund, and the provident fund belongs to the individual employee. The base amount of housing provident fund paid by enterprises and employees is the salary payable by the employees themselves, and the contribution ratio shall not be lower than the minimum standard of 5% of the wage base.

Dispatch workers can be regularized, but whether they can be regularized depends on whether the employer is willing to let the dispatch worker become a regular employee of their company. It has nothing to do with whether or not you are a dispatch worker. Generally, they are transferred from probationary period to full-time employees.

Article 19 of the Labor Contract Law If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or the labor contract is for less than three months, a probationary period must not be agreed.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

In China's current legal system and regulations, there are no provisions on the regularization of labor dispatch, because only when the contract is signed can it be regularized, and the labor dispatch worker signs a labor dispatch contract, so the labor dispatch cannot be regularized.

Of course, if you do well in the employer, the employer can regularize you and sign a labor contract with you, but in practice, employers rarely do so.

Legal basis:Article 3 of the Interim Provisions on Labor Dispatch stipulates that an employer may only use dispatched workers in temporary, auxiliary or substitute positions. The temporary jobs provided for in the preceding paragraph refer to positions that last for no 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 due to full-time study, vacation, etc., and can be replaced by other workers. The employer's decision to use the auxiliary positions of the dispatched workers shall be discussed by the workers' congress or all employees, and the plan and opinions shall be put forward, and the decision shall be made through consultation with the trade union or employee representatives on an equal footing, and shall be publicized within the employing unit.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.