According to the provisions of the Labor Law of People's Republic of China (PRC) and the Civil Law of People's Republic of China (PRC), labor dispatch refers to the act that the labor dispatch unit provides the workers with special professional skills (hereinafter referred to as "the assignee") recruited, managed and trained by itself to the employer for use. The labor dispatch agreement shall be concluded in written form, specifying the post, work content, working period, labor remuneration and other terms of the dispatched person. The labor dispatch unit shall pay social insurance premiums for the dispatched personnel and provide them with vocational training and pre-job training. The labor dispatch unit shall not reduce the rights and treatment of the dispatched workers, nor shall it interfere with the labor contract between the dispatched workers and the employing units. At the same time, the employing unit shall provide the dispatched personnel with the same working conditions and treatment as the regular employees of the unit. In addition, the Civil Code also stipulates that once the labor dispatch expires, the employer and the assignee can continue to sign labor contracts, and both parties can determine the contents and conditions of the labor contracts through independent consultation. Where the employing unit is reorganized, merged or bankrupt, it shall also properly handle the labor relations and rights and interests of the transferee.
The labor dispatch unit fails to pay the social insurance premium for the transferee according to the regulations. How should the transferee protect its own rights and interests? If the labor dispatch unit fails to pay the social insurance premium for the transferee according to the regulations, the transferee may lodge a claim with the labor dispatch unit and ask it to pay the relevant fees. If the labor dispatch unit refuses to perform, the assignee may also bring a lawsuit to the labor dispute arbitration committee or the people's court where the labor dispatch unit is located. At the same time, relevant departments will also punish and stop labor dispatch units according to law.
Labor dispatch is a special form of employment, which is of great significance for protecting the rights and interests of dispatched personnel and safeguarding the interests of employers. The provisions on labor dispatch in the Civil Code of People's Republic of China (PRC) are aimed at standardizing the order of the labor market and promoting the formation of benign labor relations.
Legal basis:
Article 1 19 1 of the General Principles of Civil Law of People's Republic of China (PRC) * * * If the staff of the employing unit causes damage to others due to the performance of their work tasks, the employing unit shall bear the tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence. During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding responsibilities.