What is the nature of Huaneng Eryuan wind power recruitment and labor dispatch personnel?

Labor dispatch, also known as talent dispatch, talent lease, labor dispatch and labor lease, refers to the labor contract concluded between the labor dispatch agency and the dispatched worker, and the dispatched worker pays the labor remuneration to the dispatching enterprise (actual employer). There is a labor contract relationship between the labor dispatch agency and the dispatched workers, but the fact of labor payment occurs between the dispatched workers and the dispatched enterprises (actual employers).

Article 66 of the Labor Contract Law stipulates: "Labor dispatch is generally implemented in temporary, auxiliary or alternative jobs." The principle of three characteristics of labor dispatch is a general provision to define the scope of labor dispatch business, but it is not mandatory.

Employee lease principle

The essence of labor dispatch is employee leasing, and the word "dispatch" is not suitable to explain the legal relationship and business characteristics of labor dispatch business activities. However, the word "lease" can summarize all the business characteristics of labor dispatch and reasonably interpret the complicated legal relationship among the three parties of labor dispatch. Lease, like employment, is more suitable to explain the legal relationship between labor force and work unit. Labor outsourcing cooperation characterized by labor contract is not suitable for signing labor dispatch contract because there is no lease relationship instead of labor dispatch.

The principle of equal pay for work of equal value

According to the current legal system, the labor dispatch unit should implement the system of equal pay for equal work, so that the dispatched employees can enjoy the same wages and welfare benefits as the employees of the unit. Equal pay for equal work can be simply understood as that employees in the same position and at the same level should implement the same wage standard. However, it is easy to be alienated as a countermeasure for employers to deal with equal pay for equal work.

Principle of refusing advance payment

The current legal system makes it clear that in the tripartite legal relationship of labor dispatch, the employer should actually bear the wages and social security expenses of the dispatched employees. This is the legal basis of the principle that the labor dispatch company does not pay in advance, that is to say, the dispatch company does not pay the wages and social security expenses of the dispatched employees for the employer. Once the dispatching company can't adhere to the principle and pay the above expenses for the employer, it means that its own business risk will increase greatly invisibly.

Beneficial imputation principle

The Tort Liability Law stipulates: "If the dispatched workers cause damage to others due to the execution of their work tasks, the employer who accepts the labor dispatch shall bear the tort liability; If the labor dispatch unit is at fault, it shall bear corresponding supplementary responsibilities. " "Whoever hires workers benefits" is common sense, and "whoever benefits bears the responsibility" is the basic principle of equality of interests and obligations. When the dispatched employee has an industrial accident, the insufficient compensation for the industrial injury insurance benefits shall be borne by the real employment beneficiary, namely the employer.