Labor dispatch chaos: different pay for equal work

Labor dispatch chaos: different pay for equal work

A laborer raised two "bosses"

"Employers don't recruit people, employers don't recruit people" is the summary of the labor dispatch system by Zhang Zhiru, the founder of "Spring Breeze Labor Dispute Consulting Service" in Shenzhen. When it comes to labor dispatch, what Zhang Zhiru talked to China Youth Daily reporters most was "different pay for equal work", "violation of the spirit of law" and the long-term use of dispatched workers by enterprises in violation of the principle of "three natures", which harmed the rights and interests of workers.

In 2005, Zhang Zhiru resigned from her job and set up a non-governmental public welfare organization called "Spring Breeze Labor Dispute Consultation Service" in Shenzhen, and began to provide legal consultation services for migrant workers in Shenzhen.

Zhang Zhiru's understanding of labor dispatch began with an experience of safeguarding rights.

In 2009, a factory in Guangzhou wanted to terminate the labor contracts of a group of old employees, including Zhang Zhiru's brother-in-law. Zhang Zhiru said that his brother-in-law has worked in this factory for 10 years and should not be dismissed. However, because the newly implemented labor contract law in 2008 stipulates that you can enjoy an open-ended labor contract after working in a unit for 10 years. Manufacturers want to dismiss employees in order not to sign such labor contracts.

In the process of defending his brother-in-law's rights, Zhang Zhiru discovered that "the cat is tired".

In 2007, Zhang Zhiru's brother-in-law's factory transferred the labor contract relationship of a group of old employees to a dispatch company, signed a short-term contract for three months, and then the dispatch company "sent" these workers to work in the factory, so that the old employees passed the age of 10 unconsciously.

"My brother-in-law had been working in the factory for more than 9 years at that time, and he would have 10 years of service in a few months, but the factory stole the column and transferred the contract to the dispatching company, and then the dispatching company sent his brother-in-law back to continue working." Zhang Zhiru said.

"The labor dispatch system is similar to leasing, but it is not renting a car or renting a house, but renting a person. It is composed of employers, dispatching companies and workers. The laborer first signs a contract with the dispatching company and becomes the person of the dispatching company, and then the dispatching company arranges to work in the employer. " Zhang Zhiru told reporters. "Labor dispatch workers also refer to the workers sent by the dispatching company to the corresponding work units."

Shenzhen is a city where labor dispatch appeared earlier, and it also exposed problems earlier.

According to Zhai, director of the Institute of Labor Law and Social Security Law of Shenzhen University, "there is a great potential crisis in sending workers to protect their rights and interests." "The employer is employing people, but it does not bear corresponding responsibilities. This responsibility does not refer to wages, but more importantly, people's sense of belonging and development prospects. But through labor dispatch, people have become machines with money to work, and there is no prospect. " Zhai told reporters.

With the emergence of the labor dispatch system, workers not only create wealth for employers, but also assume the role of supporting employers (dispatching companies).

"The income source of the labor dispatch company is mainly the management fee paid by the employer according to a certain proportion of the number of dispatched workers and wages." Jiang Ying, director of the Law Department of China Institute of Labor Relations, said.

However, in Zhang Zhiru's view, the dispatching company has to charge a certain fee from the employer every month as their management fee, which is actually a "headcount fee" for workers. In this way, a worker has two "bosses", and it is easy for one or both of them to infringe on his rights and interests.

The "three natures" require the existence in name only.

What industries and positions are dispatchers usually assigned to? The reporter consulted a number of dispatch companies located in Beijing and got various answers. Among them, an employee surnamed Shi of the dispatching company told the reporter that "most of the dispatched workers are jobs with low employment threshold".

Zhai: They sampled 5,000 migrant workers in Shenzhen, including 592 laborers, accounting for 1 1.8% of the total sample. They found that these labor dispatch workers are distributed in transportation and logistics, construction, government agencies and institutions, IT equipment, services, software, domestic service and other industries.

In the interview, China Youth Daily reporter found that the dispatching company also has prejudice. For example, there are dispatch companies in the flight attendant industry that have higher requirements for the size and appearance of dispatchers; There are catering establishments that dispatch companies to require gender and age; There are dispatching companies that need experience and technology in the construction and manufacturing industries, and dispatching companies that need driving and maintenance technology in the driver industry. ...

However, not all dispatching companies strictly abide by the provisions of the Labor Contract Law to recruit dispatched workers. "In practice, many dispatching companies and employers have broken through the requirements of' three natures'." Zhai told reporters.

Zhai Yujuan's "three natures" refers to Article 66 of the Labor Contract Law: "Labor dispatch is generally implemented in temporary, auxiliary or alternative jobs."

The relevant report of the All-China Federation of Trade Unions shows that labor dispatch is mainly concentrated in state-owned enterprises and institutions. Such as petrochemical, telecommunications, electric power, finance, postal services and other industries.

"Overflow of labor dispatch" is Jiang Ying's evaluation of the current situation of labor dispatch in China. She told this reporter that there are two specific manifestations of the proliferation of labor dispatch. On the one hand, the number of dispatching companies has increased greatly; On the one hand, some large and medium-sized state-owned enterprises, state organs and institutions are using dispatch workers in large numbers, and the number of labor dispatch personnel has increased greatly.

When asked by a reporter about the number of dispatched workers in China, she said that there is no official statistics on the number of dispatched workers, and now we usually use "tens of millions" to describe the number of dispatched workers. Not to mention how many dispatching workers there are, even how many dispatching companies there are in the country, I'm afraid no one can tell the exact number.

"Although the" Labor Contract Law "stipulates the" three natures "principle of using dispatched workers, in fact, few people abide by the" three natures "principle. Many employers have used dispatchers in major positions for many years, which violates the principle of labor dispatch. " Jiang Ying said.

In the investigation, the reporter found that some dispatching companies can also arrange people to work as editors, journalists and presenters in the media. A business consultant of a dispatch company in a city of Guangdong told reporters that they could arrange people to work in the media. "A TV station came to see us and arranged a dozen people this year." They entered in the form of batch dispatch, the contract was signed with the dispatch company, and the salary was paid by the dispatch company.

In addition, some labor dispatch companies in Shanghai, Shandong, Hubei and other places also said that they have "sent people into the media" and "can help arrange to send people into the media".

A southern media reporter told China Youth Daily that some local dispatch companies in the south also openly recruit doctors and nurses to work in hospitals. China Youth Daily reporter also saw the announcement on the Internet that a university hospital in Nanjing recruited nursing staff by way of talent dispatch.

The reporter asked a dispatch company in Beijing if it could send staff to work in hospitals in Beijing. A staff member of the company told the reporter, "The doctor can't do it, and the nurse can introduce it to the hospital for internship. If the internship performance is good, you can sign a contract with the employer. "

"Labor dispatch covers all industries." A person familiar with the matter told China Youth Daily that it is no secret that labor dispatch workers are used in university campuses at present. "The School of Journalism and Communication of a well-known university in the Yangtze River Delta region reached an agreement with a dispatch company to use dispatch workers to work for the college in the form of talent dispatch. The school puts money into the dispatching company and the dispatching company pays wages. General labor dispatch workers are engaged in positions in training departments, including administration, teaching assistants, librarians, etc. Wage income is more flexible, high and low. "

"The School of Journalism and Communication has more than 70 faculty members, and there are five or six dispatched workers, which are distributed in the International Exchange and Cooperation Department, Cooperation Training Department, Reference Room, Office and Laboratory." The insider revealed to reporters.

Behind the flood of labor dispatch

"Most of the cases of dispatching workers' rights protection that I have contacted are due to different pay for equal work and lower welfare benefits than regular employees. "A lawyer surnamed Zhou told reporters when talking about the case of dispatching workers to defend their rights.

"The monthly salary is two or three thousand yuan, and even the rent can't be paid." Sun Xiao (pseudonym), who once worked as a director in a coastal city TV station, said. After graduating from Shanghai University, he joined a TV station as a dispatcher, but Sun Xiao resigned in less than five months. The main reason is "doing everything, but getting very little". "The wages of TV dispatchers are generally low. I don't know how much lower it is, but as far as I know, the editors and directors of some columns earn several times or more than me. " Sun Xiao said.

"In addition to different pay for equal work, enterprises can save a lot of welfare costs by sending workers." Jiang Ying said, "Usually, I can't tell the difference between a labor dispatch worker and a regular worker, but I can tell it on holidays." A dispatcher who once worked in the transportation department of a city in North China said: "Usually, the workload is very heavy and the salary is quite high, but when you hand out moon cakes on the Mid-Autumn Festival, you are always lower than others (regular employees). When you hand out apples and pears, you are younger and smaller than others. In fact, the difference is not these apples and pears, but that they feel inferior to others. "

Labor dispatch workers not only bring benefits to employers, but also bring benefits to dispatching companies. A person in charge of a dispatch company in Dongguan, Guangdong Province told reporters about the income of the dispatch company. The management fee for each labor dispatcher is 100 yuan ~300 yuan per month. Their dispatching company is a medium-sized company in Guangdong, which can dispatch about 20,000 people every year. According to the management fee of 100 yuan per person per month, the management fee charged by the dispatching company is as high as 10 million yuan a year.

In contrast, not all dispatching companies focus on collecting management fees. According to the Social Insurance Law of People's Republic of China (PRC), it is a legal obligation for employers (including dispatching companies) to pay work-related injury insurance. However, in reality, the dispatching company may not always pay insurance for workers as required.

A person engaged in labor dispatch in Jinan City, Shandong Province told the reporter that the profits of many dispatching companies were not in the management fees, and he calculated an account for the reporter. Management fee per person per month in 40 yuan, only one year in 480 yuan; If the employer wants to pay "five insurances and one gold" for the labor dispatch workers, according to the requirements of Shandong Province, in addition to paying 190 yuan per person per month, the employer should also pay 550 yuan to each labor dispatch worker per month. One year later, the employer pays 6600 yuan of insurance money to each labor dispatch worker.

"Therefore, employers who want to save costs will secretly discuss with informal dispatching companies, not giving social insurance to dispatched workers, and dividing the money saved. This is the big head. " The person told reporters.

"Companies seeking to maximize profits tend to send employees," the source said. At last year's two sessions, Guo, director of the construction of grass-roots organizations of the All-China Federation of Trade Unions, told the media that in some enterprises, the ratio of labor dispatch workers to traditional formal workers has reached 1:

1, some are more serious.

A person working in a dispatch company in Shijiazhuang City, Hebei Province told reporters that their company dispatched labor services to more than 400 enterprises, including monopoly enterprises such as Sinopec.

"We send employees to Sinopec Shijiazhuang Branch every year. Most of the employees in the past worked in the front line. As a result, a situation has been formed in which labor dispatchers work outdoors and regular workers sit in the office. Of course, there must be a difference in income, because people who sit in the office are generally leaders, and those who send them are front-line workers. " The person said.

Zhai Yujuan told reporters, "At present, some state-owned enterprises and government agencies are using dispatched workers in large numbers." In her view, employers use a large number of labor dispatchers, each with its own abacus.

She introduced that state-owned enterprises use dispatchers for the per capita profit rate, and vested interests can share more benefits; Listed companies use schedulers for per capita profits and listing statements; General companies use dispatched workers to reduce costs, and more importantly, they do not bear any responsibilities other than wages and social insurance, and they have no worries about open-ended labor contracts.

Employers should not only calculate economic accounts, but also consider evading legal responsibilities. "Some posts that should be used all the year round also use labor dispatchers. It is the employer who uses labor dispatch to evade the labor contract law and reduce the risk of employment. If you don't want to use it, you can return the dispatched workers to the labor dispatch company. " Jiang Ying said.

Jiang Ying told reporters that the current Labor Contract Law stipulates an open-ended labor contract. After the laborer has signed an open-ended labor contract with the employer twice in a row, it will be more difficult for the employer to terminate the open-ended labor contract. Therefore, many enterprises like to use dispatch workers, because it is more convenient to dismiss them if they don't want to use them.

Zhai also believes that under the mode of labor dispatch, employers can establish legal labor relations with labor dispatch units through labor dispatch without having to bear corresponding legal responsibilities. It is also true that some state-owned enterprises, institutions or government agencies can always find a temporary worker to be a "scapegoat" when they encounter difficulties.

"There is still a phenomenon of reverse dispatch in the labor dispatch market." Zhai said. The so-called reverse dispatch means that the employer recruits employees first, and then finds a dispatch company to send the employees back. This way of reverse recruitment is often adopted by monopoly enterprises. A person familiar with the matter told the reporter that some branches of a monopoly state-owned enterprise in Hebei first recruited employees themselves, and then "sent" these employees back to their jobs through dispatching companies.

Zhai said that some large enterprises will set up their own labor dispatch companies and send them from their subordinate companies when recruiting employees. In addition, the reporter saw on the Internet that some media and cultural units have also set up dispatching companies to recruit employees to enter the unit through subordinate dispatching companies.

Labor dispatch companies have low barriers to entry.

"The low threshold, low cost and high profit of labor dispatch companies have led to the birth of a large number of dispatch agencies." Zhai analysis. Zhang Zhiru said, "It is not difficult to set up a dispatch company. Now there are many registered companies that will help to register in the industrial and commercial departments. A friend of mine registered a dispatch company in Shenzhen on 20 1 1 with little money. There are only two people in the company. He is responsible for running the business and the other is responsible for answering the phone. "

China Youth Daily reporter inquired about 10 labor dispatch companies on the enterprise credit information website of Beijing Administration for Industry and Commerce, and found that the registered capital of 8 dispatch companies was 500,000 yuan, the registered capital of 1 company was 3 million yuan, and the largest registered capital was 5.67 million yuan. In addition, some intermediary agencies and labor consulting agencies that are not qualified for labor dispatch are also engaged in labor dispatch business. When the reporter visited these 10 labor dispatch companies, he saw that some offices were in office buildings and some were in high-end residential areas.

Zhai said that after the promulgation of the new Labor Contract Law, labor dispatch companies flourished. The new Labor Contract Law stipulates that the establishment of a labor dispatch company shall go through industrial and commercial registration, with no restrictions except the registered capital of 500,000 yuan.

"Labor dispatch companies can only be established and operated through normal industrial and commercial procedures. The existing labor contract law does not explicitly require that labor dispatch companies need administrative permission to be established. " Li, vice president of Henan Lawyers Association and chief arbitrator of Zhengzhou Arbitration Commission, told the reporter.

The staff of several local labor dispatch companies also agree with this fact. Before 2008, there were dispatch companies in the local labor market, but the number of dispatch companies began to increase rapidly before and after the promulgation and implementation of the new labor contract law in 2008.

Jiang Ying believes that the reasons are as follows: First, the new labor contract law allows the use of labor dispatch workers; Second, some employers hope to avoid signing open-ended labor contracts with workers, which has spawned a large number of dispatching companies.

"It is very convenient to set up a dispatch company in Dongguan." Manager Zhu of a dispatch company in Dongguan, Guangdong told the reporter. According to him, there are hundreds of dispatching companies registered by Dongguan Industrial and Commercial Bureau, but many of them are irregular. Some dispatching companies set up a table on the roadside, put a computer and set up a sign to start recruiting dispatching workers. Such simple recruitment conditions are aimed at facilitating "running away" after cheating money.

"There are many labor dispatch companies in Jinan, Shandong Province, and there are more than 300 at most." A person engaged in dispatching work in Jinan told reporters. He introduced that a few years ago, a dispatch company could be registered in the industrial and commercial bureau in Jinan as long as two or three hundred thousand yuan. Once a worker is injured at work, the dispatching company cannot afford to pay for it.

"If the employer where the laborer is located fails to pay the work-related injury insurance premium according to law and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits." Li Xiangang of Hebei Baihui Law Firm said.

But in reality, "some dispatch companies with registered capital of only several hundred thousand yuan simply can't afford the workers' industrial injury insurance benefits." In case of work-related injuries or disputes, most small dispatch companies will choose to disappear or re-register a dispatch company, because the cost of setting up a new dispatch company is lower than the compensation for work-related injuries. "People who are engaged in labor dispatch in Jinan told reporters.

"The Labor Contract Law stipulates that if the dispatching company and the employing unit infringe upon the legitimate rights and interests of the workers, they shall bear joint and several liabilities, but they need to go to the arbitration meeting for litigation, and the burden on the workers will be very heavy. At present, the supervision of labor dispatch companies is not in place. Many leather bag companies are doing labor dispatch business, basically taking management fees and rarely taking responsibility. " Jiang Ying said.

People who are engaged in dispatching work in Jinan also told reporters. "Now the registered dispatch company is stricter than in the past, and the registered capital cannot be too low. Jinan bans illegal dispatch companies every year. More than 40 unqualified dispatch companies have been banned this year. Now there are about 200 labor dispatch companies in Jinan. In order to standardize the labor dispatch market, the Shandong Provincial Department of Labor and Social Security will issue a Human Resources Service License to qualified dispatch agencies to bind labor dispatch companies. "

The new labor contract law has entered the revision process.

Li, vice president of Henan Lawyers Association and chief arbitrator of Zhengzhou Arbitration Commission, said that there are many disputes over labor dispatch and there are problems in the convergence of existing laws. The existing labor contract law is still "rough" and cannot adapt to the changes in the job market.

"The draft amendment to the Labor Contract Law has been published, and the draft has revised and improved labor dispatch." Jiang Ying told reporters. It is reported that the 27th meeting of the 11th the National People's Congress Standing Committee (NPCSC) deliberated the Draft Amendment to the Labor Contract Law of People's Republic of China (PRC) for the first time, and is soliciting opinions from the public.

In Jiang Ying's view, the confusion of jobs in labor dispatch is the main reason for the flood of labor dispatch. The reason for the confusion is that the current law does not explain the requirements of "three natures", which are defined in the draft amendment. "Temporary means that the working period in the employer does not exceed six months; Auxiliary refers to the employer's job to provide services for the main business positions; Substitution means that when the employees of the employer are unable to work in their posts due to off-the-job study, vacation and other reasons, they can be replaced by dispatched workers within a certain period of time. "

In view of the low entry threshold for labor dispatch companies, the draft stipulates that "the operation of labor dispatch business should obtain the administrative license of the labor administrative department according to law, and stipulates the conditions for obtaining the license, including increasing the registered capital from not less than 500,000 yuan to not less than 6,543,800 yuan."

But in Jiang Ying's view, "even if it is raised to 6.5438+0 million yuan, it is still a very low figure. In addition, the administrative licensing system has been added. The current draft amendment stipulates administrative licensing in principle, but I don't know what the licensing standard is. Therefore, if there is no administrative licensing standard, it is difficult to curb the establishment of a large number of labor dispatch companies. "

In addition, in order to protect the right of dispatched workers to receive equal pay for equal work, the draft also clearly stipulates that "the labor contract concluded between the labor dispatch unit and the dispatched workers and the labor dispatch agreement concluded with the employing unit shall specify or stipulate the labor remuneration paid to the dispatched workers."

Although the draft makes a more detailed specification for labor dispatch, it puts forward requirements for safeguarding the rights of labor dispatch workers. However, Zhang Zhiru thought that the existence of the labor dispatch system was unreasonable, and launched a voting campaign in Weibo to "cancel labor dispatch and protect workers' rights and interests". As of press time, the reporter saw that the number of people who participated in the voting was 655, and the number of people who supported the cancellation of labor dispatch was 598, accounting for 91.3% of the voters; The number of people who did not support the cancellation of labor dispatch was 3 1, accounting for 4.7% of the voters; The number of people who remain neutral is 26, accounting for 4% of the voters.

Regarding the public's voice calling for the cancellation of labor dispatch, Jiang Ying said that the emergence of labor dispatch workers is due to market demand and employers' demand for employment. It is unrealistic to cancel the labor dispatch system. But there is something unreasonable about labor dispatch. For temporary or seasonal employment, the labor dispatch system has its reasonable side in terms of employment convenience, employment efficiency and convenience. But the problem is that labor dispatch is abused and lacks standardization in law. Some employers use labor dispatch to avoid normal employment, which is their problem.

The reporter saw in the announcement of the National People's Congress website that one of the principles and key points of this revision is to "standardize labor dispatch and not turn labor dispatch into the main channel of employment". There are tens of millions of labor dispatchers. If they are not standardized, it will have a negative impact on the development of China's labor market. In addition, many young people are now employed through labor services, such as telecommunications, finance, postal services, railway civil aviation and other traditional industries. If they are not used according to legal norms, their career planning and labor enthusiasm will be affected. "Jiang Ying said. ;