The Implementation Of Labor Laws And Regulations: Labor Dispatch Still Needs A "High Road Ahead".

"I spanferred from a dispatched worker to a formal employee, benefiting from the protection of labor laws and regulations to the rights and interests of dispatched workers, and the implementation of relevant laws and regulations by enterprises." Members of the inspection committee of the CPPCC National Committee on the implementation of labor laws and regulations held talks with representatives of staff and workers in Guangzhou, and a staff representative of a logistics company in Guangzhou "made a personal statement".

It is understood that the newly revised " Labor Contract Law Since its implementation, especially in the two years since the implementation of the Interim Provisions on the dispatch of labor services, the labor dispatching day has been standardized. By the end of 2015, the total number of labor dispatch units authorized by the human resources and social security department was 2.98, and 8 million 840 thousand workers were dispatched. However, the survey also shows that the labor dispatching companies deliberately evade the legal responsibility, the abuse of "helper" in the "three characteristics", the new and old problems such as false outsourcing really dispatched, and so on, and the task of safeguarding the legitimate rights and interests of the dispatched workers is still arduous.

For Standardization labor dispatch In Dongguan, the first letter engaged in labor dispatch was established by the letter Hong Human Resources Inc, which established the principle of "three no connections" for the employing units. Labor rights and interests There is no guarantee to ensure that the legitimate rights and interests of more than 6000 dispatched workers are not infringed.

However, the manager of the company reluctantly indicated that it was encountering the impact of "bad money drives out good money" in the market. According to the person in charge, some so-called "sending companies" in the market are actually black intermediaries. The cost is very low, and they can not bear the responsibilities of employers. In addition, the lack of supervision brings risks to workers' rights and interests, and at the same time, it also impacts the normal labor dispatching business and affects the healthy development of the industry.

According to the survey conducted by the National Federation of trade unions legal work department, there are still many chaos in the field of labor dispatch.

The dispatch company deliberately evade legal liability. Some dispatched companies and accounting firms conspire to issue false capital verification reports of 2 million yuan registered capital; some investors simultaneously set up two dispatching companies, alternately signing contracts with labor dispatched workers to avoid two consecutive contracts with dispatched workers for fixed term labor contracts, which means that there should be no fixed term labor contracts.

Some of the employment enterprises have not defined the "auxiliary" posts clearly enough to use the dispatched workers in the main business positions. According to the investigation of the Federation of trade unions in Anhui Province, the nature of the "auxiliary" position of nearly 175 thousand workers dispatched in the province has not been determined strictly according to legal procedures.

Part of the employing units turn the labor dispatch into the so-called business outsourcing. In fact, it is the fact that the dispatch is carried out in the name of outsourcing, which weakens the protection of dispatched workers.

"For these new and old problems in the field of labor dispatch, we still need to have a high standard." Members of the CPPCC trade union who take part in the inspection believe that to strictly regulate the labor dispatch employment, we need to further improve relevant laws and regulations, enhance access threshold, intensify law enforcement, and strengthen social supervision. In addition, we should always pay attention to the labor workers and various flexible employment forms under the new situation. We should continue to improve the relevant laws and regulations and system design to ensure that the legitimate rights and interests of the workers are not infringed.