Labor dispatch, also known as labor dispatch and labor lease, refers to the labor contract concluded between the dispatched institution and the dispatched worker, and the dispatched worker pays the labor remuneration to the dispatched enterprise. There is a labor contract relationship between the labor dispatch agency and the dispatched workers, but the fact of labor payment occurs between the dispatched workers and the dispatched enterprises. The most striking feature of labor dispatch is the separation of hiring and using labor. Different from employment agencies, labor dispatch agencies have become one of the parties to sign labor contracts with workers.
To put it simply, the laborer does not have a labor relationship with his unit, but forms a labor relationship with another specialized unit such as a talent agency, and then the subordinate organization sends him to the employer for labor, and the employer signs a dispatch agreement with the talent agency. Labor dispatch is also called employee leasing, that is, the employer puts forward the standard conditions and wages of the personnel used to the labor dispatch company according to the actual needs of the work. The company looks for qualified personnel by querying the labor service database and the materials of the recruitment and reserve talent center. After strict screening, the company sends the list of personnel to the employer, who will choose and determine it. Then the employer and the dispatching company sign a labor lease (dispatch) agreement, and the dispatching company signs an employment contract with the employee. The relationship between the employer and the labor dispatch company is labor relationship; The relationship between the hired personnel and the dispatching company is labor relationship, and the relationship with the employer is paid use relationship.
Labor dispatch is a realistic topic in the practice of establishing labor market mechanism in China. It is a relatively new form of labor economy in China, and it is also a form with rapid development and many problems at present. On the premise of recognizing the essence of labor dispatch, it is more important to tap the potential of labor dispatch in absorbing employment. For China, a developing country with a large number of low-quality labor resources, the labor economy such as labor dispatch is more suitable for China's factor endowment and can give full play to China's comparative advantage in resources. Especially in recent years, with the decreasing of traditional jobs and the increasing of labor supply in China, it is more significant to develop labor dispatch.
The concept of labor dispatch "labor dispatch" is a broad concept about phenomenon, organization, people and behavior, which has three meanings: labor dispatch work arrangement, labor dispatch organization and labor dispatch.
"Labor Dispatch" work arrangement "Labor Dispatch" work arrangement is a new form of production factor organization, which is a form of work arrangement in which employers arrange some temporary, unfixed or special work needs through external organizations that only engage in profit-making services.
"Labor Dispatch" organization "Labor Dispatch" organization is a new social resource organization form different from traditional enterprises. It is engaged in labor service activities that simply manage labor resources, and it obtains profits by sending employees to work in employers in order to survive and develop.
"Labor dispatch" employment "Labor dispatch" employment is a form of informal employment. The laborer is an employee of the labor dispatch enterprise and has an employment relationship with the dispatch agency; However, workers work in employers and accept relevant management, and employers and workers are used and used. Compared with various forms of employment, "labor dispatch" is characterized by fixed term and dependent employment.
Compared with other forms of labor economy, labor dispatch has two biggest characteristics. First, the laborer is an employee of the dispatching company and has a labor contract relationship. This is different from labor intermediary and labor agency; Second, the dispatch company only engages in labor dispatch business, and does not contract projects, which is different from labor contract.
Background of labor dispatch
Labor dispatch is the result of spontaneous choice of market subjects under the condition of market economy. Since the 1990s, with the maturity of the market economy and the deepening of the reform of the employment system, the independent status of the main body of China's labor market has been increasingly established. They will seek advantages and avoid disadvantages according to the supply and demand situation in the labor market, and decide on employment, employment forms and business forms spontaneously, which is the fundamental premise for the emergence and development of labor dispatch.
The reform of employment system in large enterprises is the main reason for the arrangement of labor dispatch workers. For a long time, a large number of inefficient and inefficient workers have accumulated in our system. With the reform of enterprise employment system to the market direction, enterprises began to control the growth of personnel and streamline personnel. Labor dispatch has become an important channel for enterprises to avoid direct impact on society and make normal and abnormal layoffs.
The increasing role of the labor market mechanism is the main reason for the emergence of labor dispatch. With the development of employment agencies and employment agencies, the agencies and functions of labor dispatch have gradually emerged. Some laid-off, unemployed and rural migrant workers find it difficult to find jobs on their own because of their weak employability. Therefore, the relevant departments organized them to achieve employment through labor dispatch. In addition, there are also some workers with strong employability who are not satisfied with being fixed in a formal unit and take the form of labor dispatch to enrich their experiences and increase their income. In addition, with the increasingly difficult employment of college students, many graduates also accumulate work experience through labor dispatch to lay the foundation for future employment.
In a word, labor dispatch, as a product of market economy, not only meets the needs of market participants under the conditions of market economy in China, but also serves the practice of China's economic system reform, reflecting the characteristics of China's integration with the international market.
The role of labor dispatch in promoting employment
Labor dispatch is a form of labor economy, which is beneficial to the development of human resources. From the practice of our country, the role of labor dispatch in promoting employment is reflected in the following aspects:
1. Organizing floating employment is conducive to promoting the orderly transfer of rural labor force to urban non-agricultural industries in China. By 2000, the number of employees in the primary industry in China was 50.0%, while rural practitioners accounted for 70. 1% of all employees, and the urbanization rate of employment was seriously lagging behind. Because the growth of rural population, that is, the growth of new labor force is much faster than that of cities and towns, the task of transferring rural labor force to cities and towns is very arduous.
Labor dispatch has realized the orderly transfer of rural labor force to cities and towns in the following two ways: first, the relevant departments in the importing areas set up labor dispatch agencies to centrally manage the transferred labor force, including accommodation and other issues, in order to meet the local demand for the transferred labor force, such as the practice in Tianjin; Second, the exporting country should set up labor dispatch agencies in the importing country to help the exporting labor force transfer employment, such as Shandong's practice. Cross-regional labor dispatch has the following characteristics in promoting the transfer of rural labor force: first, it helps some laborers with insufficient transfer ability to successfully realize the transfer of employment; The second is to make cross-regional employment more certain and avoid blindness in labor export in the past; The third is to better protect the rights and interests of migrant workers. In a word, trans-regional labor dispatch makes floating employment organized, which is conducive to promoting the orderly transfer of rural labor force to urban non-agricultural industries.
2. Organizing flexible employment is conducive to solving the problem of supply and demand dislocation and reducing risks, taking domestic service companies as an example. At present, there are three main types of domestic service companies: one is run by social organizations such as women's federations; Second, private; Third, community service centers run in street communities. A large part of them are intermediaries, that is, the company collects intermediary fees and deposits from both parties, and the supply and demand sides conduct transactions. Intermediary domestic service is risky for all three parties, especially for some small-scale companies, service personnel or customers often default. The emergence of labor dispatch domestic service companies has solved the above problems.
3. Promoting the transformation of employment mechanism within the system One of the special functions of China's labor dispatch is to promote the transformation of employment mechanism within the system as an action to organize laid-off workers and unemployed people to start employment by using existing resources.
4. The most basic function of labor dispatch is to improve the employment efficiency, thereby improving the economic benefits of enterprises and meeting the needs of employers. First of all, labor dispatch is not suitable for all enterprises. Only when the enterprise has labor demand, financial strength and can afford to rent labor dispatch hours will it consider using the form of labor dispatch; For enterprises that have no demand for labor, or enterprises that need people, but their labor costs are relatively low, there will naturally be no demand for labor dispatch.
In a word, labor dispatch is a normal and efficient form of employment for enterprises.
As a form of informal employment, labor dispatch plays a role in regulating the supply and demand of the labor market. In short, the labor market mechanism is regulated through labor dispatch, so as to maximize the use of labor resources. From the situation of our country, the development of labor dispatch is conducive to reducing the unemployment rate and promoting the full use of high-quality labor resources.
[Potential of Labor Dispatch to Absorb Employment] From the situation of the United States, Japan and European Union countries, the average proportion of formal employment is 72%, labor dispatch is 1.4%, and informal employment is 5. 1%. Although labor dispatch is smaller than other forms of employment, it has the fastest development speed and the proportion of employment is relatively stable. A country has a high proportion of formal sector employment, but the proportion of labor dispatch employment is not necessarily low; On the contrary, the proportion of formal employment is low, and the proportion of labor dispatch employment is not necessarily high. The key depends on the development of other forms of informal employment. In short, the scale of labor dispatch in a country is related to its industrial structure, labor market, system and culture, and cannot be simply compared with each other.
We use the world average level to infer the scale of labor dispatch in China. In 2000, there were 212.74 million urban employees in China, including11613,000, 2.47 million private and individual owners, and1/25,000 private and individual employees respectively. Assuming for the time being that these people who can identify themselves and have registered are in formal employment, there are still 62.57 million people who do not belong to this category, and it is difficult to identify their employment status, accounting for 29.5% of all urban employees. It can be seen that the proportion of non-agricultural formal sector employment in China is slightly lower than the above average level, but higher than many countries.
The Development Status of Labor Dispatch
At present, the labor economy, including labor dispatch, is a new business opportunity in China. The present situation of development can be summarized as rapid development, great potential, disorderly competition and lack of standardization. From the survey, the current situation of labor dispatch in China is as follows.
[Regional Situation] Labor dispatch in the eastern region has developed rapidly and has a large scale. At present, Beijing, Tianjin, Shanghai, Guangdong, Jiangsu, Zhejiang, Fujian, Guangxi, Heilongjiang, Liaoning, Jilin, Jiangxi, Hunan, Shandong and other places have carried out labor dispatch, and other regions are also continuing to carry out labor dispatch. It is reported that there are more than 120 companies engaged in talent leasing in Guangzhou at present, and there are more than 300 Beijing labor dispatch enterprises with qualification certificates issued by the Labor Bureau alone. According to the survey, Beijing Tuanxing Labor and Social Insurance Service Co., Ltd. dispatched more than 8,000 laborers, and Shenzhen Penglao Employment Service Center rented more than 4,500 employees to the society.
[Industry Situation] The industries that adopt labor dispatch arrangements are mainly service industries, manufacturing industries and construction industries, such as telecommunications, banking, catering, hospitals, postal services, housekeeping, electric power and railway transportation, as well as some departments of construction and manufacturing industries.
[Enterprise situation] Labor dispatch is particularly welcomed by foreign-funded enterprises, advantageous enterprises and large state-owned enterprises. Shenzhen is mainly an export-oriented enterprise, joint-stock enterprise and highly competitive industries such as telecommunications and banking, and there is a great demand for labor dispatch. Some well-known enterprises, such as Shenzhen Huawei, SEG Samsung, SEG Hitachi and Seagate, have all used dispatching employees.
[Employees] The employees of labor dispatch are mainly urban migrant workers, college graduates, laid-off workers from enterprises and specialized personnel.
[Occupation] It is estimated that there are more than 40 occupations and positions in labor dispatch, mainly including hourly workers, secretaries, telephone operators, counter girls, salespeople, account managers, drivers, security guards, advertising creativity, stock operation, senior management, market analysis, enterprise certification, business negotiation, foreign language translation, decoration design, course lectures, TV shooting, newspaper writing, celebrity biographies and fashion.
[Business Unit] Labor dispatch companies are mainly job introduction centers under the labor department and labor dispatch companies transformed from enterprise re-employment service centers.
[Establishment of laws and regulations] Due to the single form of traditional employment, labor dispatch is still a relatively new thing in China. Compared with foreign countries, China's labor dispatch management system is still very immature. First of all, there is no legislation on labor dispatch: there is no separate legislation on labor dispatch, and there are no relevant provisions in existing laws and regulations. Secondly, in the absence of laws, other management systems have not kept up. Some places have also issued relevant rules and policies, but there are widespread problems such as narrow scope of adjustment objects and incomplete adjustment contents. Judging from the investigation, there are mainly the following relevant provisions:
(1) local regulations (2) social insurance policy (3) talent leasing policy
Main problems in the operation of labor dispatch
At present, China's labor dispatch industry is in its infancy and development stage. As a new thing, it has not fully entered the vision of government policy. In the absence of norms, the following problems are exposed in the operation of labor dispatch:
Labor dispatch agencies with unclear business status are engaged in a special labor economy, and their business is not clearly defined by law, which has a great impact on the operation of labor dispatch enterprises: enterprises cannot register according to their business contents; How to calculate the income of labor dispatch enterprises and what is the basis of tax law have not been stipulated yet.
Business qualification is not approved. Because the business status is not clear, there is no special department to examine and approve its business qualifications and business, which may lead to blind development.
From the survey, there are few pure labor dispatch organizations, most of which are mainly labor contracting or labor intermediary, and also run labor dispatch.
At present, labor dispatch is widely used in various possible positions by many enterprises. Some more formal enterprises reasonably arrange their own labor dispatch scale according to their own needs and strictly manage labor dispatch. They have formulated special labor management regulations, which clearly stipulate the responsibilities of the three labor dispatching parties, the training and assessment of the dispatched employees, the principles and standards for the payment of labor fees, and the dispatch of employees to participate in the activities of trade unions and the party. Reasonable employment scale and strict management make labor dispatch an organic form of enterprise employment. By establishing the last elimination system, enterprises give vacant fixed posts to dispatched employees, turn unsuitable personnel into laborers, and make the labor mechanism more flexible, making labor dispatch an effective way to help enterprises adjust their economic structure and reform the employment system, fundamentally saving operating costs and improving economic benefits.
In order to reduce labor costs, some enterprises have laid off employees on a large scale in the name of labor dispatch. Labor dispatch also makes some enterprises reduce or not use fixed employees. For example, a high-tech enterprise in Jiading District of Shanghai has no personnel department and no longer opens pension accounts for employees. Enterprises only need to pay a certain fee to the talent service center, and all personnel work such as employee file keeping and social insurance will be handed over to the talent service center.
The rights and interests of the three parties involved in labor dispatch cannot be guaranteed. At present, anyone who is engaged in labor dispatch can generally do the following: labor dispatch agencies sign labor dispatch agreements with employers, labor contracts with some workers, and implement industry self-discipline norms. However, due to the overall imperfection of China's labor security legal system, there is no legal basis and rules to follow in the actual operation of labor dispatch, which leads to the following problems: first, the dispatch agencies have different practices in the content and standards of specific agreements; second, there are no solutions to some responsibility problems; and third, disputes cannot be solved. As a result, the rights and interests of labor dispatch agencies, employers and workers cannot be fully guaranteed. The specific question is:
(1) labor contract issues
(2) Participate in social insurance.
(3) Policy convergence of cross-regional employment.
(4) Other rights and interests of workers.
5] Controversial issues
People's Republic of China (PRC) labor contract law (effective on June 65438+10/October 65438 +0).
Chapter V Special Provisions
Section 2 Labor Dispatch
Article 57 A labor dispatch unit shall be established in accordance with the relevant provisions of the Company Law, with a registered capital of not less than RMB 500,000.
Article 58 A labor dispatch unit is an employing unit as mentioned in this Law and shall fulfill the obligations of the employing unit to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also specify the employing unit, dispatch period and post of the dispatched worker.
The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years, and pay the labor remuneration monthly; During the period when the dispatched workers are not working, the labor dispatch unit shall pay the labor remuneration monthly according to the minimum wage standard stipulated by the local people's government.
Article 59 A labor dispatch unit shall conclude a labor dispatch agreement with the unit accepting labor dispatch (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement.
The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements.
Article 60 A labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement.
The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched workers according to the labor dispatch agreement.
Labor dispatch units and employing units shall not charge the dispatched workers.
Article 61 If a labor dispatch unit dispatches laborers across regions, the labor remuneration and working conditions enjoyed by the dispatched laborers shall be implemented according to the standards of the place where the employing unit is located.
Article 62 An employing unit shall perform the following obligations:
(a) the implementation of national labor standards, provide corresponding working conditions and labor protection;
(2) Informing the dispatched workers of their job requirements and remuneration;
(3) Pay overtime pay and performance bonus, and provide post-related benefits;
(four) to provide necessary on-the-job training for the dispatched workers;
(five) continuous employment, the implementation of normal wage adjustment mechanism.
The employing unit shall not send dispatched workers to other employing units.
Article 63 The dispatched workers shall enjoy the right to equal pay for equal work with the workers of the employing unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located.
Article 64 The dispatched workers have the right to join or organize trade unions in the labor dispatch unit or the employing unit according to law to safeguard their legitimate rights and interests.
Article 65 A dispatched worker may terminate the labor contract with the labor dispatch unit in accordance with the provisions of Articles 36 and 38 of this Law.
If the dispatched worker falls under any of the circumstances specified in Item 1, Item 2 of Article 39 and Article 40 of this Law, the employing unit may return the worker to the labor dispatch unit, and the labor dispatch unit may terminate the labor contract with the worker in accordance with the relevant provisions of this Law.
Article 66 Labor dispatch is generally carried out in temporary, auxiliary or alternative jobs.
Article 67 An employing unit may not set up a labor dispatch unit to dispatch laborers to its own unit or subordinate units.