In June, The Ministry Of Human Resources Took The Lead In Joint Enforcement Of &Nbsp, And Purged The Dispatch Units.

The labor contract law is the adjustment of our country. labour The important foundation of relationship Law But since the implementation of three years, due to the relevant statute The lagging behind makes the labor dispatch market disorder and deformity development.

According to a survey report of the National Federation of trade unions, the total number of labor dispatch personnel in 2010 has reached about 60000000, accounting for 20% of the total number of domestic workers. And most developed countries send Worker The proportion of all employed persons is not more than 3%. abuse Labour services Dispatched into Labor contract The biggest problem in the implementation process.

　　 Who is the boss?

If it hadn't been for being dismissed from pregnancy and losing her job, Sheng Yucang would not have known that her boss was a company that had never met before.

In August 2007, Sheng Yucang, a rural women worker in Shandong, became a salesman of Wiley (Guangzhou) daily necessities Limited (hereinafter referred to as Wiley company) through interviews. In March 2008, she was sent to Carrefour for promotion by the company. In May 1, 2009, Sheng Yu, who had been pregnant for six months, received a notice from a staff member of the Fangzhuang store in Carrefour, Beijing. "You need not come back tomorrow." Specific matters will be arranged by Willie company. " Next, the arrangement of Wiley company is to give Sheng Yu two choices: first, to destroy children and continue to work; two, to go home to raise children and leave the company to leave.

These two plans make it difficult for Sheng Yu to accept. "People who I understand the law have said that the law stipulates that enterprises can not dismiss pregnant women, and it is illegal for companies to do so." Sheng Yucang said. To this end, she put forward two requests to Wiley company: enjoying maternity leave and maternity insurance benefits in accordance with the law; if the unit has to dismiss her, the company should give financial compensation in accordance with the law.

After negotiations failed, Sheng Yu decided to take up legal weapons to safeguard his legitimate rights and interests. However, she did not think that her rights path would be so long and arduous.

Sheng Yucang first complained to the labor department about illegal employment of Willie and Carrefour. But the staff of the labor department told her that she was "wrong," because the labor relations with her were neither Willy nor Carrefour, but a labor dispatch company called the Southern talent resource Leasing Center (hereinafter referred to as Southern talent) in Guangzhou. "I have no idea that" Southern talent "only signed a labor contract with Willie company in January 2008, but the contract is blank, just let me sign. Sheng Yucang said.

This contract shows that the employer's column is "Southern talent". After that, "Southern talent" signed a dispatch agreement with Wiley company and sent Sheng Yu Tibetan to Wiley company, which is Carrefour.

In June 2009, through the legal aid of public lawyers, Sheng Yu Tibet complained of Carrefour and "Southern talent" to the Beijing labor dispute arbitration committee, and demanded compensation for economic losses according to law, and continued to perform labor contracts. In the subsequent arbitration and first instance proceedings, the arbitral tribunal and the court of first instance held that there was no fact labor relationship between Sheng Yu Chu and Carrefour, and that Southern talent, as Sheng Yucang's employer, should continue to perform the labor contract with him.

Sheng Yu Tibet is puzzled, why is he really going to be kicked as a rubber ball? {page_break}

　　 Employees are dispatched to reduce costs.

According to Sheng Yucang, in fact, there are many workers like Carrefour in Carrefour. Although these people are wearing blue vests and carpets of Carrefour employees, they are not like Carl's employees. But she did not know that Carrefour was not the only one, but there were many other people like Sheng Yucang in the country.

Lu Jingbo, executive vice president of the Shanghai law society labor law research association, said that according to the labor contract law, labor dispatching is usually implemented in temporary, auxiliary or alternative jobs. However, according to a survey conducted by the National Federation of trade unions in 2010, the total number of labor dispatch personnel in the country has reached about 60000000, accounting for 20% of the total number of domestic workers. The proportion of labor dispatched workers and traditional formal workers in some enterprises has reached 1:1.

In most developed countries, the proportion of the total number of employed persons is less than 3%. Statistics from the International Federation of labor dispatched workers (CIETT) show that the proportion of workers sent to workers in 2004 was 1.93% in the United States, 1.3% in Japan, 5% in Britain, 2.1% in France and 1% in Germany. It can be said that at present, China's labor dispatch has broken through the restrictions of industry, employment time, post and so on, and has become a regular and universal employment system.

What is the reason for enterprises to favor this way of employment?

Lu Jingbo believes that enterprises are keen to choose labor dispatch because the system can reduce labor costs, management costs and labor disputes, and shift legal responsibilities and risks. The reporter consulted a labor dispatch company in the name of the employer. The staff of the company introduced many advantages of the system, for example, enterprises could use the dispatched workers far below the wage level of the regular workers, thus saving a lot of benefits and costs. They are free to dismiss them without paying any compensation, and the dispatched workers do not have to sign an unfixed term labor contract. In addition, through labor dispatch, the employer can transfer the responsibilities of industrial accidents to the dispatching companies, together with the management affairs and risks of workers' collective rights protection and collective contracts.

Yang Fuqiu worked in a state-owned enterprise. After the implementation of the labor contract law in January 2008, he was forced to turn into a dispatched worker by the unit. Although he still worked in his original job, his salary and remuneration were quite different from those of his staff. "Our basic salary is only about 1500 yuan, but the number of employees in the same post of state-owned enterprises is 3000 yuan per month." Yang Fuqiu said.

According to the investigation of the Labor Dispute Tribunal of the Haidian District people's court, there are four major problems in the dispatch of labor: the phenomenon of "dispatched" of the old staff is prominent, and the workers are paid differently; the enthusiasm of the dispatched staff is frustrated; the labor dispatching Union's membership rate is relatively low; there is a lack of collective right of speech, and the use of dispatched workers is beyond the scope and quantity. {page_break}

　　 The abuse of labor dispatching system is serious.

Recently, the Standing Committee of the Jiangsu Provincial People's Congress has carried out law enforcement inspection on the implementation of the labor contract law. At the conclusion of the law enforcement inspection conference, Hu Tongjun, vice president of the Jiangsu Provincial Federation of trade unions, said that the biggest problem in the implementation of the law is the abuse of labor dispatch.

Shi Fumao, executive director of the legal aid workstation for migrant workers in Beijing, believes that Sheng Yu Tibet encountered a typical "reverse labor dispatch". Normal labor dispatch refers to the form of labor contracts signed by laborers and labor dispatching agencies, forming labor relations, and the labor dispatch companies who send workers to work units. But "reverse labor dispatch" is in the opposite direction. Labourers have already worked in the employment enterprises and have legitimate labor relations with the employment enterprises. However, the employing enterprises have forced these workers to sign labor contracts with the labor dispatch agencies, and have passed the legal and social responsibilities by turning them into labor dispatch agencies.

Liu Sheng lawyer of the Beijing Yi Lian labor law assistance and Research Center believes that the purpose of the labor contract law is to regulate labor dispatch. However, due to the relatively vague and lack of operability of the relevant laws, the labor dispatch system has not been effectively regulated, but has been abused. In the many problems of labor dispatch, the "reverse labor dispatch" is the most serious. It has become a "magic weapon" for some enterprises to circumvent the labor contract law.

Hu Gao Chong, a judge of the labor dispute division of the Haidian District people's court, thinks that the labor contract law gives workers many new rights. For example, when workers have worked continuously for 10 years or two consecutive fixed-term labor contracts, workers have the option of signing a labor contract without fixed term. Moreover, the employer should also pay the economic compensation when the labor contract expires. Thus, in order to avoid legal risks, some employers have signed the labor contract with the labor companies in the enterprise, but they still work for the enterprise normally, thus causing the employees to be "dispatched".

On the other hand, "the threshold for entry in the current law is obviously low, and the examination and approval of industry access is not enough, which has led to the uneven distribution of labor dispatching units." Shi Fumao told reporters that at present, there is no clear department to examine and approve the qualification of enterprises engaged in labor dispatching.

The labor contract law stipulates that the conditions for the establishment of labor dispatch units are limited to 500 thousand yuan registered capital and the form of limited liability companies, and there are no other requirements. "There are hundreds or even thousands of dispatched workers under a labor dispatching company. Once there are incidents of occupational injuries, occupational diseases and arrears of wages, the labor dispatch agencies will hardly bear these risks. Often, once there is a dispute, no one can find it. A huge amount of compensation may be used to cancel the company. " Shi Fumao said.

Dong Baohua, a professor at East China University of political science and law, who participated in the argumentation and drafting of the labor contract law, said: "the reason for the present situation is that the labor contract law is too rigid for labor relations, and labor relations are not flexible enough. This is contradictory to the reality of the surplus labor force in China. " Dong Baohua believes that the reason why enterprises abandon the standard employment mode and choose the unconventional mode of labor dispatch is out of the normal rational choice of economic people. Pursuing profits by profit is the nature of enterprises. If we rely on strict enforcement, it is difficult to keep up with the problem.

The chaos of labor dispatching has attracted the attention of relevant departments. From June, the Ministry of human resources and social security will take the lead, and the National Federation of trade unions and the SASAC will jointly participate in the investigation and purge of domestic labor dispatching units. The effect of joint law enforcement in June will not be known. However, if we want to fundamentally solve all kinds of chaos in labor dispatch, I am afraid it will not be enough to rely on irregular enforcement.