What is the difference between labor dispatch and market based employment?

Laborers are not regular workers.

For example, Baosteel has a lot of laborers, who do it very seriously and hard, but the salary is only half of that of regular workers, and to put it bluntly, there is no equal pay for equal work.

Regular workers are all open to the back door.

If you want to do a full-time job, don't think about it.

Labor dispatch, also known as talent dispatch, talent leasing, labor dispatch and labor leasing, refers to the labor contract signed between the labor dispatch agency and the dispatched labor, and the dispatched labor pays labor services to the dispatching enterprise (actual employing unit).

Contract worker: Short-term workers recruited by enterprises and institutions through signing contracts. Contracts are generally in written form and include time limits, tasks and obligations to be complied with. After the reform of China's labor system in 1986, all types of workers recruited were generally contract workers.

On July 12, 1986, the Interim Provisions on the Implementation of the Labor Contract System in State-owned Enterprises and the Interim Provisions on the Recruitment of Workers in State-owned Enterprises were promulgated, pointing out that the employment of workers in perennial positions by enterprises within the national labor wage plan shall be uniformly implemented unless otherwise specified by the state. Enterprises recruit contract workers to adopt the principles of open recruitment, voluntary registration, comprehensive assessment of morality, intelligence and physical fitness, and merit-based recruitment. Contract workers and permanent workers in their units have the same rights to work, work, study, participate in the democratic management of enterprises, and receive political honors and material encouragement.

The State implements a social insurance system for the retirement pension of workers under the labor contract system. Retirement pension** is paid by enterprises and labor contract workers, and when the retirement pension is insufficient, the state will give appropriate subsidies. The fundamental purpose of implementing the contract labor system is to break the iron rice bowl and the big pot of rice, truly implement the distribution according to the ability of each according to his ability, fully arouse the enthusiasm of the laborers in production, and improve the quality of the laborers in enterprises.

The difference between socialized employment and labor dispatch lies in the different employment channels.

Socialized employment is a worker recruited through the society, and labor dispatch is a worker dispatched by a third-party labor service company by signing a labor dispatch contract. Under normal circumstances, the employer will indicate the employment form in the announcement in advance, but there are also cases where the employment form is not indicated before and the employment form is changed at the interview stage.

Labor dispatch refers to a new form of employment in which a labor dispatch entity establishes a labor relationship with a 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. There is a set of contracts in a labor dispatch relationship. One of them is the labor contract between the labor dispatch entity and the dispatched worker, and the other is the labor dispatch agreement between the labor dispatch entity and the labor shortage unit.

Legal basis] Labor Contract Law of the People's Republic of China

Article 11 [Unclear Resolution of Labor Remuneration in the Absence of a Written Labor Contract] If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

Legal Analysis: Socialized employment is a general term for the non-labor employment model, including four employment models: labor dispatch, business outsourcing, cooperative employment and partnership employment, which is a sub-concept under the concept of alternative hand-to-hand work and safe potato chop. The difference lies in the different employment channels, socialized employment is a worker recruited through the society, and labor dispatch is a worker dispatched by a third-party labor service company by signing a labor dispatch contract.

Under normal circumstances, the employer will indicate the form of employment in the announcement in advance, but there are also cases where the form of employment is not indicated before and the form of probationary employment is changed during the interview stage.

Legal basis] Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

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.

Legal Analysis: Not the same. Socialized employment may be temporary workers who do not have an employment contract.

The difference between socialized employment and labor dispatch lies in whether or not a labor contract is signed, which will have different legal consequences in law. The labor contract is a confirmation of the labor relationship, and many issues in the labor relationship, such as labor remuneration, working conditions, liquidated damages, etc., need to be stipulated in the labor contract, and only when there is a dispute can the two parties agree on the same intention.

Legal basis: Labor Law of the People's Republic of China Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by the discipline and professional ethics of the labor town.

1. Differences in wage income.

In the old state-owned enterprises such as telecommunications and finance, there is a huge disparity between the majority of labor dispatch and the wages and bonuses of regular workers and the welfare benefits of scattered birds. In the case of the same position and the same performance, the difference in wages between labor workers and regular workers is at least half, and more than three or four times. For example, if a worker who serves as a branch director is basically the same age and performance, compared with a regular branch director, the salary paid in October is only 29 (about 1,500 for labor dispatch and about 4,800 for regular workers).

The income of the branch director of another labor dispatch worker, who has basically no difference in age and performance, is one-third of the income of another regular branch director, that is, the salary and performance bonus of labor dispatch workers in October are only 1,300 yuan, while the regular workers are paid more than 3,900 yuan. It's just the salary.

2. Differences in welfare benefits.

1. Labor insurance. In terms of other benefits, the regular labor insurance is three insurances and one housing fund (pension, unemployment, medical insurance and housing provident fund), and there is also supplementary medical insurance, which can reimburse about 300,500 yuan of outpatient medical expenses every year according to age. As for the labor dispatch, in 1995 in the Longyao Post and Telecommunications Bureau (later changed to the Telecommunications Bureau, Netcom Company, Unicom Company) to participate in the work of labor dispatch workers, recruited as temporary workers into the Post and Telecommunications Bureau, has not enjoyed any labor insurance, since the establishment of Netcom in 2003 due to the reform of the enterprise employment system, without my knowledge, was divided into the labor service company, only began to pay pension insurance and unemployment insurance, around August 2009 began to pay medical insurance, but there is no housing provident fund, Complementary medical care is not available.

For example, on March 18, 2009, Hebei Unicom issued a document that clearly stipulates that the company's contract system (i.e., regular workers) can enjoy supplementary medical care

As employees of enterprises and workers under the socialist system, labor dispatch personnel have paid hard work and hard work, not only the rights and interests of labor dispatch personnel are not guaranteed when they are on the job, but also this difference directly affects the income of labor dispatch personnel after reaching retirement age.

2. Economic compensation. In addition, after the death of a regular worker, he or she is entitled to funeral expenses, pensions, etc., while a temporary worker resigns, dies or is dismissed without any compensation.

3. Physical examination and heating expenses. Regular workers enjoy the company's annual employee physical examination, more than 2,000 yuan per year (2,400 yuan for county branches, provinces and cities may be more), over the years, labor dispatch, that is, commonly known as "temporary workers" have not enjoyed a physical examination of employees, has not been issued a heating fee.