Is there social security for labor dispatch?

Labor dispatch is guaranteed by social security. The employee has signed a labor dispatch contract with the labor service company, and the labor service company shall pay social security and housing provident fund for the employee according to law, otherwise the employee may complain to the social security bureau and the housing provident fund management center where the employer is located.

Labor dispatch refers to a form of employment in which labor dispatch agencies conclude labor contracts with dispatched workers, and the workers are dispatched to other employing units, and then the employing units pay service fees to the dispatching agencies.

Do labor dispatch workers get equal pay for equal work?

The new law clearly stipulates "equal pay for equal work"

At present, it has become a common phenomenon that employers use a large number of labor dispatchers. The so-called labor dispatch means that the actual employer and the labor dispatch company sign a labor dispatch agreement first, and then the labor dispatch company recruits employees instead of the employer to dispatch.

In practice, some units will send workers as long-term employees, but the dispatched workers and the regular employees of this enterprise do the same work with different salaries, and the social security payment base is quite different. Labor dispatch "deteriorated", which damaged the legitimate rights and interests of dispatched employees. This phenomenon has aroused social concern, and the phenomenon of "distribution according to identity" under the dual employment system has also been bombarded for many years, but it has not changed so far.

In view of this unreasonable phenomenon, the newly revised "Labor Contract Law" clarifies that labor dispatch workers have the right to receive equal pay for equal work with workers in the employing units. The new law stipulates: "The employer 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 employer does not have 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 employer is located. "

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

In other words, workers have the right to enjoy social security, and the social security of labor dispatch workers is paid by the dispatch unit.

However, in the process of dispatching workers, the social security of the dispatched workers is determined by the dispatching unit and the employing enterprise through consultation. Generally, the employer pays the money and sends the unit to handle social security. No matter how they negotiate, the social security of the dispatched workers cannot be less.

Legal basis:

Article 8 of the Interim Provisions on Labor Dispatch: Dispatching units have the obligation to pay social insurance premiums for dispatched employees in accordance with state regulations and dispatch agreements, and go through social insurance-related procedures.