2022-08-18 17:51:27
Human resource dispatchEqual pay for equal work is a guarantee of the interests of dispatched human resources workers, but we know little about dispatched work, and even less about equal pay for staffing. So, what exactly is equal pay for equal work in human resource dispatch?
According to the editor's understanding, to protect the interests of dispatched workers, relevant rules have been issued to achieve equal pay for equal work: Article 46 of the Labor Law of the People's Republic of China: Wage distribution must follow the principle of distribution according to labor and implement "equal pay for equal work." Equal pay for equal work means that when dispatched workers with the same skill and proficiency level perform the same type of work, regardless of gender, age, ethnicity, or region, human resource dispatch workers receive the same remuneration as long as they provide the same amount of work.
When human resources dispatch companies dispatch workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be implemented according to the regulations of the employer's location. Dispatched workers enjoy the right to equal pay for their work with the employing unit's workers. If the employing unit has no workers in similar positions, the labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions at the location of the employing unit. The dispatched (migrant worker) and the employer's worker enjoy the right to equal pay for equal work.
The 30th meeting of the Standing Committee of the 11th National People's Congress yesterday voted to approve the decision to amend the Labor Contract Law. This is the first amendment made to the Labor Contract Law after nearly five years of implementation. The amended Labor Contract Law came into effect on July 1, 2015.
Revised rules of the Labor Contract Law and operationsHuman resource dispatchBusiness requirements include a registered capital of no less than RMB 2 million and having fixed operating premises and facilities suitable for conducting business. To operate human resources dispatch business, administrative permits must be applied for by the labor administrative department in accordance with the law. The revised Labor Contract Law rules stipulate that the dispatched worker enjoys the right to equal pay for the same work as the employing unit's worker.
The law also stipulates that temporary employment is a form of compensation and can only be implemented in temporary, auxiliary, or substitute positions. Employing units must strictly control the number of dispatched human resources workers, and must not exceed a certain proportion of their total employment.
Currently, people perceive dispatched workers as "outsiders" rather than employees of the employer. The "equal pay for equal work" principle applies to employees of the same unit. Dispatched workers are employees of the human resources dispatch company, and their wages are paid by the dispatching company, and there is no such thing as "equal pay for equal work" compared to employees of the employing unit. The general reality in society is that the pay gap between dispatched human resources workers and that of formal employees at employers is staggering. The operating procedure is that the employing unit pays the agency agency a commission based on the number of dispatched workers used, arbitrarily agrees on the wages of the dispatched workers, and the dispatching company pays the dispatched workers on their behalf. Thus, the compensation gap between dispatched human resources workers and employees of employers is incomparable, and the natural gap is significant. A friend of mine is a temporary worker at a power company in Nanjing, earning only 1,200 yuan per month, while a regular worker in the same job type and position earns as much as 5,500 yuan per month. The reason many state-owned wholly owned enterprises compete to use dispatched human resources for long periods in routine fixed positions and violate regulations (according to the Labor Contract Law, human resources dispatch can only be used in "temporary, auxiliary, or substitute" positions) is to tighten labor costs through illegal employment, and some even "convert" regular employees into dispatched workers.
Above, the editor explained in detail what the rules and other aspects areHuman resource dispatchEqual pay for equal work, hoping it will be helpful to us. If there is anything else we want to know, we can pay attention to the [RunTay Human Resources] website.
