Which positions are suitable for labor dispatch and which positions can use labor dispatch

Labor dispatch involves a wide range of professions, from management personnel, professional and technical personnel to general employees, can be dispatched, the main categories of labor dispatch personnel are:

1. Contract employees used after the restructuring of state-owned enterprises.

2. Non-staff temporary employees of state institutions;

3. Employees in service industries (catering services, room and hotel services, etc.);

4. Employees of commercial enterprises (cashiers, sales personnel, clerks, etc.);

5. Property management staff (all kinds of technical personnel, cleaners, security guards, gardeners, etc.);

6. Employees of industrial enterprises (drivers, warehouse personnel, general technicians, labor workers, etc.);

Labor dispatch can also be used as a supplementary means to extend the probationary period of employees.

The Labor Contract Law limits the scope of labor dispatch positions: labor dispatch is generally carried out in temporary, auxiliary or substitute positions. However, the Labor Contract Law does not enumerate the specific positions that can be identified as temporary, auxiliary or substitute positions, and may be covered by judicial interpretations or implementation rules issued in the future.

At present, some enterprises employ personnel in special positions such as security, cleaning, and greening maintenance, and banks and insurance companies use non-staff personnel due to the limitation of staffing, and labor service companies generally dispatch labor personnel.

Legal Analysis: The applicable positions of labor dispatch are temporary, auxiliary or substitute positions. Ancillary jobs refer to non-main business positions that provide services to main business positions; Temporary jobs refer to positions that last no more than six months; Alternative 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 for a certain period of time.

Legal basis: Article 66 of the Labor Contract Law of the People's Republic of China The temporary jobs provided for in the preceding paragraph refer to the positions that last for no more than six months; Auxiliary jobs refer to non-main business positions that provide services for the 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.

Labor dispatch, i.e., labor leasing, is a labor contract signed between the dispatching agency and the worker and pays remuneration, and the worker is dispatched to other employers, which then pays a service fee to the dispatching agency, and the dispatched worker refers to the dispatched worker.

The Labor Law limits the scope of labor dispatch positions: labor dispatch workers are generally employed in temporary, auxiliary or substitute positions.

The following are the job types and occupations of labor dispatch workers:

1. Non-core positions: bank tellers, service personnel, factory production operators, etc.;

2. Positions limited by establishment: postman, logistics staff, driver, front desk, etc.;

3. Positions that require a long inspection period: account managers, insurance consultants, industry consultants, administrative personnel, etc.;

4. Phased stool position: project manager, programmer, etc.;

5. Temporary positions: translators, stool holders, hostesses, short-term clerks, etc.

Legal analysis: temporary, auxiliary, substitute positions. According to the relevant laws and regulations of China, labor contract employment is the basic form of employment in China. Labor dispatch employment is a supplementary form and can only be implemented in temporary, auxiliary or substitute jobs.

Legal basis: Article 66 of the Labor Contract Law of the People's Republic of China Labor contract employment is the basic form of employment of 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.