Does the new labor law stipulate that factories cannot directly recruit temporary workers?

Factories can directly recruit temporary workers. However, the wages of temporary workers should be calculated according to the wages of regular workers in their posts, and labor contracts should be signed in accordance with regulations. If they violate the labor contract, they need to get compensation according to the regulations. It is illegal not to pay compensation.

Legal analysis

Temporary workers, like contract workers, need to sign labor contracts permitted by law. Matters needing attention in temporary contract: 1. When signing a contract, workers must first understand the basic situation of the company and judge whether it is a legitimate enterprise. The name, address and telephone number of its legal representative shall be known. This information can be obtained by searching industrial and commercial registration information on the Internet, and it is required to clearly write these contents in the contract. 2. Laborers should understand the specific work of the post, and indicate the content and specific location of the work in the contract. 3, labor remuneration should be clearly agreed, avoid verbal agreement. 4. Pay special attention to the probation period. The law stipulates that the probation period should not exceed six months at the longest, and the contract that only stipulates the probation period is invalid. It is illegal to ask the employee to leave the job after the probation period expires. During the probation period, the employer shall not terminate the labor relationship without reason; Employees can leave their jobs unless they do not meet the recruitment requirements. 5. The payment method and time of labor remuneration should be clear, whether it is cash payment or bank payment. 6. The working hours and working conditions of workers should be clear. Some workers acquiesce in the enterprise's request for severe overtime in order to make more money. This is against the labor law, and now there are more and more wage disputes. 7. Social insurance agreement. 8. Don't sign a blank contract. 9. Some contracts stipulate illegal contents, such as "self-care for work-related injuries" in which female employees are not allowed to get married and have children, and requiring workers to sign life and death contracts. These terms are legally invalid and workers can refuse to sign. 10. After the labor contract is sealed, the employee and the employer shall each hold one copy. A labor contract is the most direct and effective legal document that can be issued by both employers and employees when a labor dispute occurs.

legal ground

Article 63 of the Labor Contract Law of People's Republic of China (PRC) * * * The dispatched workers have the right to receive equal pay for equal work with the employees of the employing unit. The employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions in the unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located. The labor contract concluded between the labor dispatch unit and the dispatched laborer and the labor dispatch agreement concluded with the employing unit shall specify or stipulate that the labor remuneration paid to the dispatched laborer shall comply with the provisions of the preceding paragraph.