What is the difference between labor dispatch and agency recruitment, and what are the legal responsibilities for individuals and enterprises respectively?

Labor dispatch, a unit to recruit you, and you have a labor relationship, and then dispatched to another unit to work for a certain period of time. Agency recruitment, a qualified organization to carry out recruitment activities on behalf of the employer, you do not have a labor relationship with this organization.

The current legal system provides that labor dispatch employers, should implement the system of equal pay for equal work, but the Ministry of Human Resources and Social Security relevant departments and bureaus responsible for the said that although the labor dispatch workers enjoy the right to equal pay for equal work with the employer's workers, but the equal pay for equal work does not include benefits and social insurance.

Equal pay for equal work can be simply interpreted to mean that employees in the same position and at the same level should be subject to the same wage and treatment standards. But this can easily be alienated as a countermeasure for employers to deal with equal pay for equal work.

Labor Dispatch Job Requirements:

Article 66 of the Labor Contract Law stipulates that: "Article 66 The employment of labor contracts is the basic form of employment in Chinese enterprises. Labor dispatch employment is a supplementary form and can only be implemented in temporary, auxiliary or alternative jobs."

"Temporary jobs as stipulated in the preceding paragraph refer to those that survive for a period of not more than six months; auxiliary jobs refer to non-primary business jobs that provide services for the primary business jobs; and alternative jobs refer to those that can be replaced by other workers for a certain period of time when the workers of the employing unit are unable to work due to release from their jobs for studies, vacations and other reasons. positions."

"Employing units shall strictly control the number of workers dispatched for labor dispatch, which shall not exceed a certain percentage of the total number of workers employed, the specific percentage to be stipulated by the State Council's labor administrative department."

Reference to the above: Baidu Encyclopedia-Labor Dispatch