Huang Yixi disagreed, "You can't say that, people are also demanding her legitimate rights, these temporary workers hired by you at that time are very non-standardized, even if you don't have this matter, something else will happen, don't put the blame on others, what should be rectified must be rectified, but the labor relationship of dispatched employees is not in your line, there is no need to beat them to death with a stick, this is overkill, right?"

"Yes, many people are scolding that woman, saying that she has a grain of mouse feces that has hurt a pot of porridge. ”

These temporary workers, because of their positions, are paid less than ordinary contract workers, but they also have a lower threshold for entering the industry.

Therefore, many people will complain when they feel that they have less money, but they are also reluctant to lose this job.

You must know that in reality, even if it is such a job, it is difficult to find it without some favors.

For example, Zou Hongping.

Zou Hongping, Wu Meili and others don't quite understand the difference between temporary workers and dispatched employees, and this kind of laborious and unpaid thing must of course be explained by Shang Luoyu.

Labor dispatch, also known as manpower dispatch, talent leasing, labor dispatch, labor leasing, and employee leasing, refers to a form of employment in which a labor dispatch agency signs a labor contract with a dispatched worker, dispatches the worker to another employing unit, and then the employing unit pays a service fee to the dispatching agency.

The fact of labor payment occurs between the dispatched worker and the dispatching enterprise (the actual employing unit), the dispatching enterprise pays the service fee to the labor dispatch agency, and the labor dispatch agency pays the labor remuneration to the laborer. Labor dispatch originated in the United States, a capitalist country in the 20th century, and later spread to France, Germany, Japan and other countries.

In the reform of the labor system of China's state-owned enterprises in the 90s, labor dispatch for the placement of laid-off workers appeared, which could be carried out across regions and industries. The annual salary is usually 2-30,000 yuan.

Dispatch workers are generally engaged in low-tech jobs, such as cleaners, security guards, salesmen, etc., and once the worker is old and infirm and his or her working ability declines, the dispatch company will refuse to renew the labor contract after it expires.

As the name suggests, casual workers generally refer to workers who are informally employed in the workplace, usually paid daily wages. Nor is it like a regular worker who is guaranteed a pension and a monthly minimum wage.

Kang Mingyang listened and added, "After the implementation of the Labor Contract Law, there is no distinction between temporary workers and regular workers in the legal sense, only the length of the contract. If the employee is employed in a temporary position, the term of the employment contract can be different, for example, you can choose to sign a "labor contract or a part-time employment contract with the employee for the duration of completing a certain work task".

He thought about it for a while, and the part-time employment contract seemed to have very strict requirements, and he couldn't remember exactly what it was, so he wouldn't be ugly.

"Pull it down!" Wu Meili didn't believe this, "Every time something happens on the news, don't they say that it was done by temporary workers?

Huang Yixi smiled bitterly, just like the writer Zhang Ailing said, life is a gorgeous robe, crawling with lice, under the warm society, there are still a large number of temporary workers in actual life, the main body of which is migrant workers, a large number of low-end labor markets such as construction, catering, cleaning, nursing, etc., their income is low, social security is not sound, although there are labor contracts but useless.

"Do you remember my aunt at the business office where I used to be? When I gave her a New Year's greeting, she just received a notice not long after she stopped going to work this year. ”

The kind old aunt who was harassed by the leaders last year and refused to sue? Huang Yixi asked.

Li Min nodded, looking at Huang Yixi with hope, losing this job had a great impact on her family, "She wants to apply for labor arbitration, can you help her?"

Huang Yixi didn't immediately agree, "How long has she been working in your line?"

"Nine and a half years. ”

It's really hard to get stuck at this point in time, seeing that you can apply for an indefinite labor contract, a fluttering sentence smashed it, Huang Yixi looked at Li Min, "Then do you know what her appeal is?"

"Equal pay and compensation for equal work and an indefinite term employment contract. ”

Li Min said very succinctly, but there are many practical problems in this, Huang Yixi smiled bitterly, in the tripartite relationship of labor dispatch, the dispatch company and the employee establish a nominal labor relationship, sign a labor contract, and the worker establishes a social security account and pays social security at the dispatch company.

According to the provisions of the Labor Contract Law, in this tripartite relationship, the dispatch company is referred to as the "employer".

Article 58 of the Labor Contract Law stipulates that a labor dispatch entity is an employer for the purposes of this Law and shall fulfill its obligations to its employees.

On the other hand, the dispatch company dispatches workers to work in a designated company, and these units that accept the dispatched employees are called "employers". Although there is no legal labor relationship with the employee and no labor contract is signed, he is actually responsible for managing and directing the employee.

Article 59 of the Labor Contract Law stipulates that a labor dispatch entity shall enter into a labor dispatch agreement with the employer accepting the employment in the form of labor dispatch (hereinafter referred to as the "employing entity").

"So, are you saying that employees like them, if our bank says that they don't renew their employment, it's completely feasible and they don't have to bear any responsibility?"

Li Min said stunned.

Huang Yixi and Shang Luoyu both nodded.

The Labor Contract Law of 2008 and the relevant laws and regulations enacted during the same period have made a greater tilt towards workers, and at the same time opened the door of "labor dispatch".

In the labor dispatch relationship, the actual employer and the employee are not in a legal employment relationship, thus circumventing these provisions based on the labor relationship.

Specifically, there are three reasons for enterprises to use "labor dispatch": one is flexible employment (which is convenient for dismissal at any time), the second is to save labor costs (to treat labor dispatch employees as second-class employees), and the third is to solve the problem of insufficient staffing of the government and public institutions.

In the bank, there are a large number of labor dispatch employees, as well as people like this old aunt who are nominally labor dispatch employees, but in fact temporary workers, you say that you want equal pay for equal work, this is unlikely, because the formal contract employees who can enter the bank, the threshold for entering the bank is too high, 985 or 211 masters, bachelors and even doctors can be exempted from written examinations but have to be interviewed, even ordinary full-time college graduates, they have to go through cruel written examinations and interviews, and the elimination rate can be said to be no lower than that of civil servants.

Most of these dispatched employees do not even have a bachelor's degree and do not meet the majors, and temporary workers like this aunt, who are engaged in cleaning and cooking, do not pay attention to their academic qualifications at all, and only require their hands and feet to be diligent and able to cook.

In such a situation, it is neither reasonable nor reasonable for you to ask for equal pay for equal work.

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