The difference between temporary workers and labor dispatch

The differences between temporary workers and labor dispatch are as follows:

1, different definitions: temporary workers usually refer to workers directly recruited by employers to complete a certain amount of short-term work; Labor dispatch means that the dispatching agency establishes a labor contract relationship with the workers and sends the workers to work in the employing units;

2. The protection of rights and interests is different: the protection of temporary workers' rights and interests is relatively weak, and the labor dispatch workers enjoy the remuneration and benefits protected by law, and the labor dispatch company pays social security on their behalf;

3. Different parties involved: temporary workers only involve laborers and employers, and labor dispatch involves laborers, labor dispatch companies and employers;

4. Different affiliation: Temporary workers are directly managed by the employer. Although the labor dispatch workers work in the employing unit, they establish labor relations with the dispatching company, which is responsible for employment procedures and salary payment.

The legal provisions of labor dispatch:

1. Conditions for the establishment of a labor dispatch unit: the labor dispatch business license issued by the administrative department of human resources and social security must be obtained;

2. Labor contract between the labor dispatch unit and the dispatched employee: The labor dispatch unit shall sign a written labor contract with the dispatched employee, specifying the contract term, work content and work place, etc.

3. Labor dispatch agreement between the labor dispatch unit and the employer: The labor dispatch unit and the employer shall sign a labor dispatch agreement to clarify the rights and obligations of both parties;

4. Wages and benefits of dispatched employees: the dispatched employees have the right to equal pay for equal work with the employing unit, and the labor dispatching unit is responsible for paying wages and social insurance premiums;

5. Dispatching employees to work: Dispatching employees is usually sent to temporary, auxiliary or alternative jobs;

6. Supervision responsibility of the labor dispatch unit: The labor dispatch unit shall be responsible for the management and service of the dispatched employees to ensure that their legitimate rights and interests are protected.

To sum up, the main differences between temporary workers and labor dispatch are definition, rights protection, parties and affiliation. Among them, temporary workers are short-term workers directly recruited by employers, with weak protection of rights and interests, only involving workers and employers, and directly managed by employers; However, labor dispatch workers are dispatched to the employer after the dispatch agency has established a contractual relationship with the workers, enjoying better legal protection and social security benefits, involving the workers, the dispatching company and the employer, and belonging to the management of the dispatching company.

Legal basis:

People's Republic of China (PRC) labor contract law

Article 69

Both parties to part-time employment can reach an oral agreement. Laborers engaged in part-time employment may conclude labor contracts with one or more employers; However, the labor contract concluded later does not affect the performance of the labor contract concluded before.

Article 71

Either party of part-time employment may notify the other party to terminate the employment at any time. When the labor contract is terminated, the employer does not pay economic compensation to the employee.

Article 66

Labor contract employment is the basic employment form of Chinese enterprises. Labor dispatch is a supplementary form, which can only be implemented in temporary, auxiliary or alternative jobs. Temporary work mentioned in the preceding paragraph refers to work with a working time of no more than six months; Auxiliary posts refer to non-main business posts that provide services for main business posts; Alternative work refers to the work that can be replaced by other workers in a certain period of time when the employees of the employer are unable to work due to full-time study, vacation and other reasons. The employing unit shall strictly control the number of labor dispatch, and shall not exceed a certain proportion of its total employment, and the specific proportion shall be stipulated by the labor administrative department of the State Council.