Original title: One place stipulates that labor dispatch shall be punished if equal pay for equal work is not implemented
On December 6, the Shanghai Municipal Bureau of Human Resources and Social Security issued the Opinions of the Shanghai Municipal Human Resources and Social Security Bureau on Several Issues Concerning the Regulation of Labor Dispatch and Employment in Shanghai, which will come into force on January 1, 2024 and will be valid until December 31, 2028.
According to the release, Shanghai has more detailed regulations on the implementation of equal pay for equal work in labor dispatch employment.
The Shanghai Municipal Bureau of Human Resources and Social Security issued the opinions this time
The following aspects are worth paying attention to↓↓↓
Penalties shall be imposed for failure to implement equal pay for equal work
The opinion mentions that the employer shall, in accordance with the relevant regulations, implement the same labor remuneration distribution method for dispatched employees and workers in the same position in the same position.
If an employer fails to implement the same method for the distribution of labor remuneration in accordance with the principle of equal pay for equal work, the administrative department of human resources and social security shall order it to make rectification within a time limit; if the employer fails to make rectification within the time limit, the administrative department of human resources and social security shall impose a penalty in accordance with the relevant provisions of the Regulations on the Supervision of Labor and Social Security.
Negotiate and determine the scope of auxiliary positions
In accordance with the provisions of the Interim Provisions on Labor Dispatch, the employing unit shall, after discussion by the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing to determine the scope of auxiliary positions applicable to labor dispatch and employment, and publicize them in their units.
Advance payment of unpaid wages to workers may be made
If the labor dispatch unit or the employing unit meets the conditions for the advance payment of the arrears of wages, the relevant administrative organs may, after ascertaining the circumstances of the dispute and the facts of the arrears of wages, advance the arrears of wages to the workers in accordance with the Several Provisions of the Municipal People's Government on the Raising and Advance of the Guarantee Funds for Arrears of Wages for Enterprises in Shanghai, but only advance the same arrears of wages for the same worker once.
Adjust the management of workers in a timely manner
Where a labor dispatch entity or an employing entity converts dispatched labor to human resources service outsourcing, it shall adjust the management method for the employee formed by the original labor dispatch legal relationship, and reasonably determine the management boundaries according to the nature of human resources service outsourcing and with reference to the principles of direct management and indirect management, so as to prevent related disputes from arise.
Where an employing entity uses a worker in the form of labor dispatch in the name of contracting, outsourcing, etc., it shall be handled in accordance with the Interim Provisions on Labor Dispatch.
Xiaobian noticed that as the employment method of labor dispatch is more and more widely adopted, in addition to the opinions issued by Shanghai, Henan, Chongqing, Jiangsu and other places have also taken innovative measures.
Henan established a "red and black" list
On May 15, 2023, the Henan Provincial Department of Human Resources and Social Security issued the Notice on Further Standardizing Labor Dispatch Management Services, emphasizing the need to clarify licensing authority and establish joint supervision.
At the same time, strengthen the use of the verification results of the annual report of labor dispatch, establish a "red and black list" of the verification results of the annual report of the province, and implement dynamic management. Labor dispatch units included in the "black list" should make rectification within a time limit.
Chongqing has made a number of key tips
On April 11, 2023, the "Chongqing Labor Dispatch Standardized Employment Guidelines" was issued.
The Guidelines also mention that dispatched workers are guaranteed the right to equal pay for the same work as employees of the employing entity, and if the employing entity does not have workers in the same position, it shall be determined by reference to the labor remuneration of the workers in the same or similar positions in the location of the employing entity.
The Yangtze River Delta jointly issued employment guidelines
In July last year, the Jiangsu Provincial Department of Human Resources and Social Security, the Shanghai Municipal Human Resources and Social Security Bureau, the Zhejiang Provincial Department of Human Resources and Social Security, and the Anhui Provincial Department of Human Resources and Social Security jointly formulated the Guidelines for Compliant Employment of Labor Dispatch in the Yangtze River Delta Region.
According to the content of the release, the guidelines aim to remind employers and labor dispatch units of the matters that should be paid attention to and the legal risks that may arise in the process of labor dispatch and employment, emphasizing flexible guidance and regulating in accordance with the law.
How much do you know about labor dispatch? The editor has collected the following information to help you better understand the new regulations.
Labor dispatch and labor outsourcing
Labor dispatch and labor outsourcing mentioned in the opinions issued by Shanghai are two different forms of employment.
Labor dispatch is a contract signed by the human resources agency and the worker, and the worker is dispatched to the employing unit at the same time, and the employing unit is responsible for managing the worker.
Labor outsourcing generally refers to the fact that the employer contracts part of the work to the relevant outsourcing unit, and the outsourcing unit completes the work on its own or arranges the workers to complete the corresponding work according to the requirements of the employer.
Which positions can use labor dispatch
According to Article 3 of the Interim Provisions on Labor Dispatch, an employer may only use dispatched workers in temporary, auxiliary or substitute positions.
The temporary jobs provided for in the preceding paragraph refer to the posts that last for no more than 6 months, the auxiliary posts refer to the non-main business posts that provide services to the main business posts, and the substitute jobs refer to the posts in which the workers of the employing unit are unable to work for a certain period of time due to full-time study, Xi, vacation, etc., and can be replaced by other workers.
Conclusion of the contract and probationary period
The labor dispatch entity shall conclude a fixed-term written labor contract with the dispatched worker for a period of more than 2 years in accordance with the law.
The labor dispatch unit may agree on a probationary period with the dispatched worker in accordance with the law. A labor dispatch entity and the same dispatched worker can only agree on a probationary period once.
(Part of the source: the website of the local human resources and social security departments)
Source: Workers' Daily client