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New Labour Law: Equal Pay For Casual Workers And Regular Workers

2014/3/17 21:15:00 64

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Labor Law Temporary Workers Formal Workers Equal Pay For Equal Work

at present, the use of < a href= "http://www.91se91.com/news/index_c.asp" > labor dispatch worker < /a > has become a common phenomenon.

The so-called labor dispatch is first signed by the actual employment unit and the labor dispatching company, and then the labor dispatch company takes the place of the employing unit to recruit employees.

in actual operation, some units will dispatch workers for long-term employees, but the difference between the dispatched staff and the formal employees of the company is different. The difference between the base of social security payment and the dispatch of labor has been "bad", which has damaged the legitimate rights and interests of the dispatched employees.

This phenomenon has aroused social concern, while the "two yuan" distribution under the working body system has been bombarded for many years, but so far no change has been made.

aiming at this unreasonable phenomenon, the newly revised labor contract law clarifies the right of dispatched workers to enjoy equal pay for equal work with the workers in the employing unit.

The new law stipulates: "the employing unit shall, according to the principle of equal pay for equal work, allocate the same labor remuneration to the workers who are dispatched to the similar positions of their own units.

If the employing unit does not have a similar post, it shall be determined according to the remuneration of the laborers in the same or similar posts.

according to a survey conducted by the National Federation of trade unions, the number of dispatched workers in the country has reached about 37 million in 2011, accounting for 13.1% of the total number of workers in the country.

Among them, state-owned enterprises and government agencies employ a large number of labor dispatch personnel.

The more the "good unit" in the eyes of the public, the more we need to talk about the "iron rice bowl", the greater the difference between temporary workers and formal workers.

as for the newly revised labor < a href= "http://www.91se91.com/news/index_c.asp" > Contract Law < /a > whether it saved the "temporary workers", the experts pointed out that the amendment to the labor contract law was directed at the dispatched workers, and the dispatched workers signed the contract with the labor dispatch company, and the labor dispatch company was sent to the employment unit.

Labor dispatched workers are not the same as those who are commonly used as temporary workers. There are no labor relations between the dispatched workers and the employing units. The so-called temporary workers' labor relations are different in their own units.

as an important part of the reform of income distribution, equal pay for equal work is both a prerequisite and a necessity.

While the public is looking forward to equal pay for equal work, many people have no idea whether the new labor contract law can ensure equal pay for equal work.

some analysts pointed out that the new labor contract law has no specific implementation rules for equal pay for equal work, and it is difficult to operate.

The concept of "co worker" is a matter of fairness and rationality.

In a unit, the same workers can be comparable, but most of the labor dispatching workers only provide temporary jobs, which are not comparable.

All these factors determine that equal pay for equal work is a long way to go.

to avoid responsibility, in actual operation, most employers interviewed employees by themselves, but signed labor dispatch contracts with their employees. The wages of dispatched workers were sent by labor dispatching companies, and the phenomenon of "false dispatch and real employment" was prominent.

some experts pointed out that before the establishment of a labor dispatch company, only 500 thousand yuan of capital was needed, and no administrative license was required.

This has led to a lot of labor dispatch enterprises to borrow money to register, to get the business license to withdraw the capital, and the industrial and commercial departments often do not manage this kind of enterprise. Once the labor disputes occur, these shell companies often "run away with the money", it is difficult to be investigated and the legitimate rights and interests of the workers are also difficult to be guaranteed.

for this, the new < < a href= > http://www.91se91.com/news/index_c.asp > < < /a > > has greatly increased the threshold of the business of dispatching labor services, and has given the human rights and social security departments the right to carry out the administrative licensing of labor dispatching business in accordance with the law.

Some experts said that the new law will help regulate the dispatch of labor chaos.

the new labor contract law stipulates that "the business of dispatching labor services shall apply for administrative permission to the labor administrative department according to law, and the relevant company registration shall be handled according to law according to law.

Without permission, no unit or individual may engage in labor dispatch business. "

At the same time, the threshold for the operation of the labor dispatching company has increased correspondingly, and its registered capital has increased from the current 500 thousand yuan to 2 million yuan.

in addition, the new law also defines that the employment of labor dispatch can only be carried out in the "three nature" - temporary, auxiliary or alternative positions; it is clearly stipulated that the employing units should strictly control the number of labor dispatch workers, and must not exceed the proportion of total employment.

to strengthen supervision, the new labor contract law aggravates the punishment for illegal labor employment.

Stipulates that the business of dispatching labor without authorization shall be confiscated, and a fine of more than five times the illegal income shall be confiscated.

It is also stipulated that the employing units shall bear joint and several liability for damages to the dispatched workers.