Provisions On Temporary Workers In The New Labor Contract Law

　　 Change 1: the registration of labor dispatching enterprises must be examined and approved by the labor department.

In the past, the registered capital of a labor dispatching enterprise was not less than 500 thousand yuan. New " Labor Contract Law "The registration threshold of labor dispatching enterprises has been raised, and the registered capital is not less than 2 million yuan.

In addition, the pre conditions for registration of labor dispatching companies have also increased. In the past, labor dispatching companies only needed to register in the business sector. The new regulation requires: "in the labor dispatching business, the administrative department of labor should be applied for according to law, and the company registration shall be handled according to law. Without permission, no unit or individual may engage in labor dispatch business. " In other words, after the application for registration of labor dispatching enterprises, it is necessary to pass the examination and approval of the labor department first.

　　 Change 2: clarify the scope of labor dispatch implementation

The previous labor contract law stipulates that labor dispatch It is usually implemented in temporary, auxiliary or alternative jobs, but there is no clear definition of these three jobs. Some enterprises have made loopholes and made great use of dispatched workers.

The new labor contract law makes clear stipulations on these three posts, and the labor department has a clear basis in determining the dispatch of labor: "temporary jobs" take time as the node, which refers to a job that does not exceed six months; "auxiliary" refers to the non main business Post providing service for the main business post; "alternative jobs" are replaced by other workers for a period of time when employees can not work because of their off study, vacation and other reasons.

　　 Change 3: employers should implement equal pay for equal work.

Laborers and workers Equal pay for equal work In fact, this has already been stipulated in the previous labor contract law. However, because of the three party contractual relationship between the dispatched workers, the labor companies and the employing units, who will be responsible for the implementation will be the reason for shirking the blame.

The new labor contract law once again emphasizes the right to equal pay for equal work, and clearly points out: "the employing unit shall, according to the principle of equal pay for equal work, apply the same labor remuneration distribution method to the workers who are dispatched to similar posts of their own units." At the same time, the labor contract concluded between the labor dispatch unit and the dispatched worker, and the labor dispatch agreement concluded with the employment unit, which stipulate or stipulate the remuneration paid to the dispatched laborer, should also comply with the principle of equal remuneration for contract work.