Which positions are suitable for labor dispatch employment?

Enterprises and institutions should generally directly recruit and hire employees, sign labor contracts, and establish formal labor relations. As a special form of employment and labor relationship, labor dispatch is not suitable for all enterprises and institutions, but only for some special employers or special positions. Therefore, 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.

It will be helpful to have time to read more information about dispatch, such as Mestre Human Resources.

Legal Analysis: Non-Core Positions. Cancel the posts that are subject to staffing restrictions. Positions that require a longer probationary period. Phased positions. Temporary positions.

Legal basis: Interim Provisions on Labor Dispatch

Article 2 These Provisions shall apply to the use of dispatched workers by labor dispatch units engaged in labor dispatch business and by enterprises (hereinafter referred to as "employment orders, such as doutan").

The use of dispatched workers by lawfully established accounting firms, law firms and other partnership groups, as well as private non-enterprise units and other organizations, shall be implemented in accordance with these provisions.

Article 3 Employers may only use dispatched workers in temporary, auxiliary or substitute positions.

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.