The old law says that dispatch workers and regular workers have equal pay for equal work, and what s

The original words of the Labor Contract Law are "equal pay for equal work for dispatched workers", and it does not say "equal pay for equal work with regular workers". Therefore, when it comes to actual implementation, the unit will avoid this for various reasons.

For example, only dispatch workers are paid equally for equal work, not with regular workers. In addition, the Labor Contract Law makes it clear that dispatched workers can only be used for temporary and replaceable positions, so the employer can also refuse to give you equal pay on the grounds that there is no equal type of work.

Equal pay for equal work is still difficult to enforce at present, and it is also difficult to enforce the law. If you have a big opinion on the treatment and cannot solve it with the employer, it is recommended that you resign directly. Dispatch is not beneficial to workers, and it is not recommended to work as a dispatch worker for a long time.

All of them, you can choose to do it or not. Or go to your local labor department to make a complaint.

The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or ought to have known that their rights had been infringed... If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

From the above provisions, it is not difficult to see that you now want the company to compensate you for your insurance losses, which has exceeded the statutory statute of limitations.

Equal pay for equal work means that employers receive the same remuneration for workers with the same level of skill and labor proficiency when they engage in the same kind of work, regardless of gender, age, ethnicity, disability, region, etc., as long as they can provide the same amount of labor in different ways.

It is not legal to have unequal pay for equal work in labor dispatch.

Legal basis] Article 58 of the Labor Contract Law stipulates that the labor dispatch unit, the employing unit and the rights and obligations of the employee, the labor dispatch unit is the employer referred to in this Law, and shall fulfill the obligations of the employer to the employee. 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.

Legal analysis: Equal pay for equal work means that employers receive the same labor remuneration for workers with the same skill and labor proficiency when they engage in the same kind of work, regardless of gender, age, ethnicity, disability, region, etc., as long as they can provide the same amount of labor in different ways. It is not legal to have unequal pay for equal work in labor dispatch.

Legal basis: Article 58 of the Labor Contract Law of the People's Republic of China.

A labor dispatch entity is an employer for the purposes of this Law and shall perform its obligations to its employees. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the Lao Gaoling dispatch unit and the dispatched worker shall also contain information such as the employing unit of the dispatched worker, the dispatch period, and the position of the dispatched worker. 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 sales and leasing dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Legal analysis: The restriction on equal pay for equal work in the Labor Contract Law only represents a legislative attitude and does not have a strong operability. Equal pay for equal work is only a principled provision, and China's laws do not currently stipulate specific operational standards, and in fact, it is difficult to have a unified scale or standard.

The most important measure of "equal work" is whether the same work performance has been achieved, because even if they do the same work in the same job position and put in the same work, the actual work results are not exactly the same. "Equal work" itself is a rather abstract concept, and in practice it should be considered that as long as they are in the same or similar positions, they should be paid roughly the same amount of work and achieve roughly equal work performance. In other words, when an employee's remuneration is roughly the same as the average salary of an employee in the same position in the local area or the same unit, and the difference is within a reasonable range, it can be determined that the principle of equal pay for equal work is met.

If the negotiation fails, the employee may apply to the local labor arbitration commission for labor arbitration, and if the employee is not satisfied with the arbitration result, the employee can file a lawsuit with the court within 15 days. If an employee believes that his remuneration violates the principle of equal pay for equal work, he has the right to apply to the arbitration or enlightenment department for an adjudication, and if the specific remuneration of an employee is generally the same as that of the same position in the local area, within a reasonable range, and there is no major misunderstanding or fraud and coercion, it can be considered that the principle of equal pay for equal work has not been violated.

Legal basis: Article 46 of the Labor Law of the People's Republic of China The distribution of wages shall follow the principle of distribution according to work, and "equal pay for equal work" shall be implemented. Equal pay for equal work means that employers receive the same remuneration for workers with the same skill and labor proficiency when they perform the same kind of work, regardless of gender, age, ethnicity, region, etc., as long as they provide the same amount of labor.

Dispatch workers are paid equally for equal work. Dispatched workers are entitled to equal pay for equal work with employees of the employing unit. The employer is required to implement the same labor remuneration distribution method for dispatched workers as they do for workers in the same position.

Article 62 of the Labor Contract Law of the People's Republic of China The employer shall perform the following obligations: (4) provide the necessary training for the dispatched workers on the job; (5) In the case of continuous employment, the normal wage adjustment mechanism shall be implemented. The employer shall not re-dispatch the dispatched worker to another employer.

Article 63 of the Labor Contract Law of the People's Republic of China provides that dispatched workers enjoy the right to equal pay for equal work with the employees of the employing entity. The employing unit shall, in accordance with the principle of equal pay for equal work, implement the same method for the distribution of labor remuneration for dispatched workers and workers in the same position in the same kind of position in the employer. If the employing unit does not have workers in the same position, it shall be determined with reference to the labor remuneration of the workers in the same or similar position in the place where the employing unit is located.

The labor remuneration to be paid to the dispatched worker shall comply with the provisions of the preceding paragraph when the labor dispatch unit concludes a labor contract with the dispatched worker and the labor dispatch agreement concluded with the employing unit, which is stated or agreed upon.

Legal basis: Article 63 of the Labor Contract Law of the People's Republic of China provides that dispatched workers enjoy the right to equal pay for equal work with the employees of the employing entity. If the employing unit does not have workers in the same position, it shall be determined with reference to the labor remuneration of the workers in the same or similar position in the location of the employing unit.

Regular employees are recruited by the company itself and sign labor contracts, so they must enjoy corresponding treatment in accordance with the company's salary and welfare system, including clothing, accommodation, work and rest, salary, insurance, etc. In addition, those who are recruited and signed a labor contract with the dispatch company, but are dispatched to work in the company, shall enjoy the wages and benefits stipulated by the dispatch company's corresponding system. Labor dispatch is very common, and even ** agencies, public institutions, state-owned enterprises and other units have different treatments.

For example, dispatch workers do not enjoy the same holiday gifts and birthday banquets as regular employees, even in the eyes of employer leaders. Discounts are also available for both regular and contract workers. The remuneration and welfare systems implemented by the employer and the dispatch company shall be reflected in their respective rules and regulations and labor contracts, including the salary during the probationary period, the length of the probationary period, the salary adjustment policy, and the assessment method. , and also during interviews and inductions.

Many companies have also established salary confidentiality systems in order to maintain a stable working atmosphere and avoid comparisons.

Generally speaking, when a company dispatches personnel, it will take labor cost as the main consideration (of course, it also includes the difficulty of recruitment, the professionalism of the employee, etc.). ), including hidden expenses such as social security, accommodation, overtime, and work-related injuries. In short, the comprehensive cost of a single person is slightly lower than that of self-recruitment.

Otherwise, the company might as well recruit it itself. Why should it use scheduling, right? Labor dispatch refers to a form of employment in which a labor dispatch agency concludes a labor contract with a dispatched worker, dispatches the worker to another employer, and then the employer pays the service fee to the dispatching agency.

It is also called labor dispatch, talent leasing, labor dispatch, labor leasing, and employee leasing. Regular employees, also known as contract workers, refer to those who directly sign labor contracts with the employer and are directly used and managed by the employer. Their work relationship, labor relationship, salary relationship, and social security relationship all belong to the employer.

According to Article 66 of the Labor Contract Law of the People's Republic of China, labor contract employment is the basic form of employment for Chinese enterprises. Labor dispatch is a complementary form that can only be implemented in temporary, ancillary, or substitute jobs.

It's not that companies can't use dispatched workers, but labor dispatch and regular employees, they are different, so dispatched employees have some corresponding labor contracts.

I don't think so, it's just to raise the wages of dispatch workers, but in fact they have to be used, because even if the wages are raised, they don't need to pay five insurances and one housing fund.

I don't think so, this sentence just means to improve the treatment of dispatch workers.