In which jobs is labor dispatch generally implemented?

1. Law enforcement auxiliary category: in units with the qualifications of administrative law enforcement entities, assist administrative law enforcement personnel to carry out administrative law enforcement work. Includes:

Public security, justice, urban management, urban construction, stability maintenance, emergency response, agriculture, forestry and water, safety supervision, transportation, culture, human resources and social security, civil affairs, taxation, environmental protection, land, market supervision and other law enforcement auxiliary positions.

2. Technical skills: Engage in professional and technical work and have corresponding professional and technical titles or national vocational qualifications, and provide technical skills support and guarantee for the implementation of public management. Includes:

Safety and quality inspection and testing, computer network maintenance, coaches, teachers, health skills, stenographers, nursing and health care, high-end operations, electricians, facilities and equipment maintenance and repair, cooks, barbers, bus driving and other technical skills positions.

Technical skill positions can be divided into three categories according to the level of professional technology and vocational skills, one is senior professional and technical titles and senior technicians, the second is intermediate professional and technical titles and technicians, and the third is junior professional and technical titles and senior workers and below.

3. Special types of work: engaged in special positions such as hardship, dirty, tiredness, and insurance. Including: AIDS and STD prevention and treatment, B-ultrasound radiation, medical waste disposal, emergency response and special service, compulsory medical assistance, special equipment inspection and maintenance, elderly and child disability care and nursing and other special types of jobs.

4. Window service: provide window public services to the society. Includes:

Public security (household registration, vehicles, entry and exit and 110 police calls, etc.), tax collection, employment services, social insurance, civil affairs services, housing construction, land and resources, transportation, health, science and technology, culture, housing provident fund, public resource transactions, ** answering, file access and other window service positions.

5. General auxiliary category: assist in business work, internal comprehensive management, affairs handling and service guarantee. Includes:

Archival material sorting, certificate production and distribution, sending and receiving, typing and printing, ** survey, statistical survey, teaching assistance, life guidance, medical guidance services, fees, law popularization publicity, mediation and consultation, monitoring duty, building apartment dormitory management, warehouse storage, logistics services and other ordinary auxiliary positions.

Labor dispatch is generally carried out in office support positions.

1. Industries that require temporary labor.

Labor dispatch positions are commonly found in industries that require temporary labor support, such as construction sites, manufacturing, logistics and warehousing, etc. In these industries, where companies may need to temporarily increase headcount due to changes in project nature or seasonal demand, labor dispatch can provide a flexible labor complement.

2. Specific occupations.

Labor dispatch positions are also commonly found in some specific occupations, such as customer service, sales representatives, ** employees, etc. These positions often need to deal with fluctuations in customer demand, and labor dispatch can quickly deploy personnel to meet business needs and flexibly adjust when needed, without too much disruption to the job.

3. Professional and technical fields.

Labor dispatch positions also play a role in some professional and technical fields, such as software development and network maintenance in the IT industry, temporary medical staff in the medical industry, and temporary office auxiliary liquid assistance in ** departments. In these areas, due to project cycles or urgent needs, companies may need temporary professional support, and labor dispatch can provide the corresponding technical expertise.

The development trend of labor dispatch:

1. Outsourcing of non-core business.

The advantage of labor dispatch is that it can outsource the non-core business or professional services of the enterprise to a more specialized agency or company, so that the enterprise can concentrate on the core business. It can optimize the organizational structure and management process of the enterprise, so as to improve the business efficiency and professionalism, and improve the competitiveness of the enterprise.

2. Increase jobs.

With China's economic development and changes in the labor market, labor dispatch has become an important employment channel. In particular, resident labor dispatch can provide people with more employment opportunities and diversified work experience, and promote the flow of labor force and the vitality of the job market. Provide better human resources and employment opportunities for the society.

3. Provide flexible employment opportunities.

Emerging companies and platforms have begun to rely on the Internet and mobile devices to provide more labor dispatch services and flexible employment opportunities for enterprises. It can promote the market-oriented and personalized development of the labor force, and at the same time, it can also adapt to the increasingly diversified needs of people and the labor structure. In the future, enterprises and practitioners need to work together to actively promote the development of labor dispatch.

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 is generally carried out in temporary, auxiliary or substitute positions.

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.

Labor dispatch has the following characteristics:

1) Separation of employment and use of workers. This is the most essential feature of labor dispatch. In a general labor relationship, the employer directly employs and uses the worker and pays wages and remuneration to the worker, while in the case of labor dispatch, although the worker establishes an employment relationship with the labor dispatch unit, it is the employer that actually uses the worker.

2) There are three main bodies in labor dispatch. Due to the separation of the main body that employs and uses workers in labor dispatch, there are three main entities in the labor dispatch relationship: the labor dispatch unit, the laborer, and the actual employing unit. The rights and obligations between the three subjects shall be prescribed by law.

Generally speaking, the labor laws of various countries stipulate that the labor dispatch entity and the employing entity shall bear the obligations of the employer in the general labor relationship to the employee individually or jointly.

3) There is a set of contracts in the 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 employing unit.

Compared with traditional employment methods, labor dispatch can meet the needs of employers to flexibly use former workers and has been widely used, but the special tripartite relationship structure of labor dispatch is also easy to be used by some employers to evade legal obligations and damage the rights and interests of employees. Therefore, the Labor Contract Law confirms the legality of labor dispatch and regulates it in all aspects.

In order to control the abuse of labor dispatch, the Decision of the Standing Committee of the National People's Congress on Amending the Labor Contract Law of the People's Republic of China was adopted by the 30th meeting of the Standing Committee of the 11th National People's Congress on December 28, 2012 and came into force on July 1, 2013.

The decision stipulates that if the labor contracts and labor dispatch agreements concluded in accordance with the law before the promulgation of this decision continue to be performed until the expiration of the time limit, but the content of the labor contracts and labor dispatch agreements does not conform to the provisions of this decision on the implementation of the same labor remuneration distribution method in accordance with the principle of equal pay for equal work, they shall be adjusted in accordance with this decision;

Units that operate labor dispatch business before the implementation of this Decision shall obtain an administrative license and go through the registration of the company change within one year from the date of implementation of this Decision before they can operate a new labor dispatch business. The specific measures shall be formulated by the labor administrative department in conjunction with the relevant departments.

On June 20, 2013, the Ministry of Human Resources and Social Security promulgated the Implementation Measures for the Administrative Licensing of Labor Dispatch (effective as of July 1, 2013) and the Interim Provisions on Labor Dispatch on January 24, 2014 (effective as of March 1, 2014).

Article 66 of the Labor Contract Law stipulates that Article 66 Labor contract employment is the basic form of employment in Chinese 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 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.

1. The difference between a labor dispatch contract and a labor contract.

1. Difference in terms of duration: The term of the labor dispatch contract is more than two years and a fixed term; The term of an employment contract is divided into a fixed term and an indefinite term, in which the length of the fixed term can be freely agreed upon by the employer and the employee.

2 Differences in Termination of Labor ContractsRegarding the circumstances under which an employer legally terminates a labor contract, the Labor Contract Law makes corresponding provisions, among which the special provisions on the termination of a labor contract in the case of labor dispatch are as follows:

1) The employer may return the worker to the labor dispatch unit due to the employee's fault, the worker's illness, non-work-related injury, incompetence, etc., and the labor dispatch unit shall terminate the labor contract with the worker in accordance with the law;

2) The employer shall not terminate the labor contract in accordance with the objective circumstances on which the labor contract was concluded in accordance with Article 40, Paragraph 3 of the Labor Contract Law, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after negotiation and the provisions of Article 41 on economic layoffs. Although labor dispatch is still in its infancy, it has shown an important role in promoting employment in China. In the coming period, labor dispatch will continue to play its special role as an important form of employment.

Understanding the relevant laws and regulations is the basis for the rights protection of dispatched employees.

2. What are the legal characteristics of labor relations?

The labor relations regulated in the Labor Law mainly include the following three legal characteristics:

1. Labor relationship is a relationship that occurs in the actual labor process and has a direct relationship with the laborer.

2. The two parties to the labor relationship, one is the laborer, and the other is the employer of the laborer who provides the means of production.

3. The worker of one side of the labor relationship must become a member of the other party's unit and abide by the internal labor rules and relevant systems of the unit.