The Provisional Regulations Need To Be Rooted.

The Interim Provisions on labor dispatch have been implemented for one year, but they have not really taken root. Some enterprises continue to "commit crimes against the wind". In violation of the "labor dispatch Interim Provisions", the form of labor dispatch has resulted in serious violations of the rights of the dispatched workers.

Equal pay for equal work is hard to achieve.

The main reason for the different pay for the same job is that the actual employers think that the dispatched workers are "foreign", which can save the cost.

In the case of overtime, the dispatched worker has no overtime pay, and the actual employer pays the remuneration according to the normal working hours, while the former staff pays the remuneration according to the overtime standard stipulated in the labor law.

The people's Daily reported that the rights and interests of Chinese dispatched workers were repeatedly damaged and the wages were 38%.

Social insurance is difficult to implement.

Because the employing units do not undertake the loss of the social insurance of the dispatched workers, they are not concerned about whether the workers are insured. Although some employers require the sending units to pay the social insurance premium for the dispatched workers, some of the dispatched units often pay the social insurance premium for one or two months in order to save insurance premium, only to open an account at the insured place, or to write a written proof of the social insurance payment to the social security center.

According to reports, in 2012, the rate of pension, medical and work-related injury insurance for dispatched workers was lower than that of regular workers by more than 16 percentage points.

At present, there are a large number of dispatched workers in different places. The social insurance coverage is determined by the employer. Because the social insurance has not yet fully realized the overall plan for the whole country, the base of payment is everywhere.

There is also a gap. From the point of view of reducing costs, the sending units will inevitably choose insurance areas with low insurance coverage.

Some units simply do not pay insurance premium to dispatched workers.

This will cause workers to be unable to take part in insurance at many times. There are many problems in the identification of work-related injuries, which will not only cause problems of jurisdiction, but also bring about the consequences of "different lives of the same workers" and "different life with different prices".

Democratic rights are difficult to exercise.

At present, most of the labor dispatch companies only play an intermediary role. They lack profits and lack of standardized management. There is no trade union organization or party organization.

Labor dispatched workers have different rights, and career development opportunities are not equal. Employees who are dispatched as employees are not entitled to exercise democratic rights and political rights. Therefore, they lack sense of belonging and enthusiasm for work is greatly affected.

This is neither conducive to personal development nor to employers.

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A research report by the China Institute of labour movement showed that the rate of employment of workers dispatched in 2012 was 55.8%, far below that of formal workers.

Suggestion: local governments should enrich

The monitoring force should intensify the investigation and handling of illegal labor dispatching units, enhance the authority of labor security supervision, and play a deterrent role in the law.

In order to change the situation of abuse of labor dispatch and dispute over each other, the labor administrative departments should strengthen supervision. Judges should be good at distinguishing illegal employment forms such as "real employment, false dispatch", "fake outsourcing, real dispatch" and so on.