Dispatch interim provisions

    (Released January 24, 2014, Department of human resources and social security, the 22nd since March 1, 2014) Chapter I General provisions

    First to standardize the dispatching, maintaining the lawful rights and interests of workers and promote harmonious and stable labor relations according to the People's Republic of China Law on labor contracts (hereinafter referred to as the labor contract law), and the People's Republic of China implementing regulations of labor contract law (hereinafter referred to as the labor contract law implementation regulation) and other laws and administrative rules and regulations, this provision is enacted.

Business article labor dispatch business, Enterprise (hereinafter called the employer) using dispatched workers, these provisions shall apply. 

    Established according to law and accounting firms, law firms and other partnerships and foundations and non-governmental organizations such as the non-enterprise units using dispatched workers, in accordance with this regulation.

    Chapter II scope of labor and employment

Thirdly, employers only in temporary, auxiliary or substitute positions using dispatched workers.

Temporary jobs in the preceding paragraph refers to the duration of not more than 6 months post; supporting jobs refers to business activities that provide services for the main business jobs jobs; alternative work refers to the employer's workers for full-time study, vacation or other reasons not work within a certain period, can be replaced by other workers in the post.

    Employer decided to use the dispatched workers supporting posts, should be discussed by the workers ' representative Congress or all the workers, proposals and opinions, determined in consultation with trade unions or workers ' representatives of equality, and publicity within the unit.

Article fourth employer shall strictly control the number of labor dispatching using dispatched workers shall not exceed the total number of 10%.

Total employment referred to in the preceding paragraph refers to employers the conclusion of labour contracts the number used and the number of dispatched workers. 

    Calculates the ratio of labor dispatching employment units is in accordance with the labor contract law and labor contract law implementation regulation can conclude labor contracts with the workers of employers.

    Chapter of the labor contract, labor dispatch agreements conclusion and performance

    Should article fifth labor law entered into with the dispatched workers for more than 2 years fixed term labor contract in written form. According to law and article sixth labor dispatched worker probation.

    Labor dispatch service providers with the same dispatched workers may stipulate only one probation period.

Seventh labor dispatch agreements shall specify the following:

(A) send the job name and job nature;

(B) the place of work;

(C) the personnel number and time limit;

(D) in accordance with the principle of equal pay for equal work determine the amount of remuneration and the method of payment;

(E) the amount and payment of social insurance premiums;

(Vi) working hours, rest and leave;

(VII) dispatched workers work injury, maternity or illness-related treatment;

(H) the occupational safety and health training;

(I) economic compensation and other costs;

(J) the term placement agreements;

(11) labor dispatch service fee payment methods and standards;

(12) liability for breach of placement agreements;

    (13) the provisions of laws and regulations and rules other matters should be included in the dispatch agreements.

Should eighth labor dispatched workers to fulfil the following obligations:

(A) inform the dispatched workers labor contract law provisions of the eighth, shall comply with the rules and regulations as well as the content of the labor agreement;

(B) establishing training system for dispatched workers to receive knowledge, safety education and training;

(C) in accordance with State regulations, and labor agreements, duly dispatched workers to pay remuneration and related treatment;

(D) in accordance with State regulations and labor agreement, by law, dispatched workers to pay social insurance fees, and handling social insurance related procedures;

(E) urge the accepting entity according to law for dispatched workers to provide labour protection and labour safety and health conditions;

(F) proof of dissolution or termination of the labor contract issued by the law;

(G) to assist in dealing with disputes between employees and employers;

    (H) other matters stipulated by laws, rules and regulations.

    Nineth accepting units shall in accordance with the labor contract law 62nd article to provide the dispatched workers with job-related benefits, shall not discriminate against the dispatched workers. The tenth unit of dispatched workers in the employment accident due to work injury, staffing firms should apply for work-related injuries found that employer shall assist the investigation of work-related injury certification verification process.

Labor dispatch service providers assume responsibility for work-related injury insurance, and employers agreed compensation.

    Dispatched workers at the time of application for diagnosis and appraisal of occupational diseases, employers should be responsible for diagnosis and appraisal of occupational diseases, and the worker needed to provide diagnosis and appraisal of occupational diseases occupational history and the history of exposure to occupational hazards, workplace occupational-disease-inductive factors test results and other information, staffing firms should provide employees with occupational diagnosis and appraisal of other needed materials. 11th staffing firms administrative validity does not extend or labor dispatch business license revocation, revocation, has dispatched workers in accordance with the labor contract should be performed until expiry.

    By consensus, on both sides, may discharge the labor contract.

The 12th under any of the following circumstances, workers may return the dispatched workers staffing units:

(A) the employer of labor contract law article 40th, 41st article;

(B) the employer is declared bankrupt, its business license revoked, is ordered to close down, withdrawn, decided not to continue to operate early dissolution or expiry of the term of operation;

(C) termination of labor agreement expires.

    Dispatched workers return after work-free period, staffing firms shall not be less than minimum wage under local government, their monthly pay. 

    13th article 42nd of dispatched workers has a labor contract law, before the expiration of the term, accepting entity may according to the first paragraph of this article 12th item dispatched workers returned to the dispatch unit; term expires shall continue to disappear before they can return.

    The fourth chapter dissolution and termination of labor contract 14th dispatched worker 30th notified in writing in advance labor dispatch, may discharge the labor contract. Dispatched workers on probationary 3rd advance notice to labor dispatch, may discharge the labor contract.

    Staffing firms dispatched workers shall be informed promptly of any notice to terminate the labor contract of the accepting unit.

15th dispatched workers to the provisions of article 12th returning employer, staffing firms sent again to maintain or improve the conditions stipulated in the labor contract, the dispatched workers disagree, staffing firms may discharge the labor contract. Dispatched workers returning due to the provisions of article 12th by employers, staffing firms reduce labor contract when sending conditions of dispatched workers disagree, staffing firms may not terminate the employment contract.

    However, except where the dispatched workers concerned termination of labor contract. 16th dispatched unit is declared bankrupt, its business license revoked, is ordered to close down, withdrawn, decided not to continue to operate early dissolution or expiry of the term of operation, termination of the labor contract.

    Employers should consult with labor proper placement of dispatched workers. 

    46th for 17th labor labor contract law or the provisions set forth in the 15th, 16th, and dispatched workers the rescission or termination of the labor contract, it shall pay economic compensation to the dispatched workers.

    Fifth chapter of trans-regional dispatch social security

    18th staffing firms sending workers across the region should be in the employment unit location of dispatched workers to social security, pay social insurance premiums in accordance with the accepting unit is located, the dispatched workers enjoy social insurance treatment according to state regulations.

19th staffing firms set up branches in the accepting unit is located, by branch for dispatched workers insurance formalities, payment of social insurance premiums. 

    Staffing firms are not set up branches in the accepting unit is located, by employers for labor insurance formalities dispatched workers and pay social insurance fees.

    The sixth chapter legal liability

    20th labor dispatch, employment unit for violating the labor contract law and the labor contract law provisions of the Ordinance relating to the dispatch, 92nd in accordance with the labor contract law provisions.

    21st staffing firms in violation of this provision of article rescission or termination of labor contract of dispatched workers, stipulated in the 48th and 87th in accordance with the labor contract law implementation.

    22nd employer in violation of the provisions of article III of the third paragraph of article, the human resources and social security administrative departments shall be ordered to correct and give a warning; damages are caused to the dispatched workers shall bear liability.

    Violation of the provisions of the sixth article 23rd labor provisions, 83rd established in accordance with the labor contract law. 

    Employers in violation of the provisions of article 24th return of dispatched workers, 92nd article in accordance with the labor contract law provisions.

    The seventh chapter by-laws

    The 25th foreign enterprise representative offices and representative offices of foreign financial institutions, such as the use of dispatched worker, employer and crew to use international seamen's labor dispatch, not affected by temporary, auxiliary and alternative jobs and labor dispatching ratio restrictions.

    26th employer workers sent abroad or sent to the family, a natural labour, do not belong to labor in these rules.

    27th on behalf of the employer such as agents, outsourcing, using workers as a labor dispatching, in accordance with the regulations. 28th employer before these provisions are implemented using dispatched workers more than 10% of total employment, adjustment programmes should be developed, for 2 years from the date of implementation of this provision which reduced proportions.

However, the Standing Committee of the national people's Congress to amend of People's Republic of China labour contract law existed before the publication of the decision in accordance with the labor contract and labor agreement expiry date 2 years after the date of implementation of this provision, may continue to discharge until expiration according to law.

Adjustment programmes established by the employer shall report to the local administrative Department of human resources and social security records.

    Employer before the implementation of this provision has not been used before the ratio of dispatched workers to minimize the number of compliance shall not be dispatched workers for new. 29th these provisions come into force on March 1, 2014.