Problems In Labor Dispatch Disputes

1. equal pay for equal work is difficult.

The dispatched workers showed the phenomenon of short term employment. A large number of migrant workers who resigned from their jobs abandoned the benefits of receiving economic compensation and signing non fixed term contracts, which exposed the impact of "internal and external differences" on the labor dispatch market.

It is difficult for the dispatched workers to enjoy the same treatment, including various kinds of insurance, performance bonus and normal wage adjustment, as well as the laborers.

In judicial practice, the lack of evidence for workers is often the main reason for the court's rejection of equal pay for equal work.

One of the striking characteristics of the same labor dispute in labor dispatch is that the dispatched worker is more serious because of the asymmetric information and the ability to give evidence is particularly weak.

2. industrial injury insurance is hard to pay.

The labor dispatch agreement signed between the labor dispatching unit and the employing unit is neither dispatched by the dispatched workers nor supervised by the relevant departments. It is easy to occur to damage the legitimate rights and interests of the dispatched workers for the interests of the labor dispatch companies.

Once disputes concerning payment of labor remuneration, injury identification, social insurance payment and other disputes, employers and labor dispatch units mutually shirk, or even leave the workers dispatched for consultation, resulting in the dispatch of workers to safeguard their rights and interests more difficult.

In particular, the responsibility of industrial injury insurance, whether the workers advocate directly to the labor dispatch unit or advocate to the employing unit, or at the same time, advocate joint and several liability to the labor dispatching unit and the employing unit, and lack unified operation norms.

3., it is difficult to judge the employment form of labor outsourcing and contract labor dispatching.

In practice, the phenomenon of improper dispatching exists in large numbers.

On the one hand, the reverse dispatch of the employing units will pfer the responsibility of the employer to the dispatched unit. On the other hand, a large number of agencies that do not have the qualifications to dispatch the labor service are engaged in the dispatch business in the form of non dispatch, such as manpower consultation.

The companies that are registered with the name of the personnel market service and so on are actually dispatched with the employing units to circumvent the labor dispatch laws and regulations.

This brings difficulties to the court to examine the nature of labor dispatch.

4. the litigant's qualification is controversial.

According to labor

The twenty-second provision of conciliation arbitration law, labor dispatch units and employment units in labor arbitration procedures can be used as a common party, but in the process of litigation, whether the employer has the litigant qualification, the law does not specify.

Five

There are differences in the application of the law in relation to dissolution.

The conditions for the employment unit to return the dispatched workers, the conditions for the termination of the labor contract between the labor dispatching unit and the dispatched worker and the situation of the dispatched worker's rescission of the labor contract are not specified in the labor contract law.