The misuse of labor dispatch in some enterprises has not achieved equal pay

For the current situation of the abuse of Labor dispatch, the labor contract law and its supporting provisions should be continuously refined, perfect, and strengthen the law enforcement text/"Lookout" Newsweek reporter Zhao Chun 2011 New Year's Day just passed, Spring city Kunming ushered in this year's first cooling.　　More than 130 workers from Huize County, Yunnan Province, began their arduous petition in the provincial capital of Kunming with the biting wind. "Please leaders at all levels to conduct justice for peasant workers". On January 4, workers dressed in "zinc-germanium" wear banners and sat down at the gate of the ACFTU in Yunnan province. Despite the cold weather, more than 100 workers sat at the gate of the provincial Federation of Trade Unions until about 23 o'clock in the evening. January 5, the sit-in continues.　　January 6, workers came to the provincial government to sit quietly. "It is so cold, we really do not have the means to petition, hope that the province can help safeguard our legitimate rights and interests." "Worker representative Sun Xianfu told" Lookout "Newsweek reporter, they are Yunnan Chi Hong Zinc Germanium Co., Ltd. (hereinafter referred to as" Chi-hong Company ") Huize branch 2006 years ago recruit a signed farmer contract. 2007 Chi Hong Company to their labor relations from the labor contract into a Labor dispatch contract.　　After that, workers ' welfare benefits fell sharply, and workers felt they were becoming "second-class citizens".　　In August 2010, after the expiration of the Labor dispatch contract, the workers wanted to sign the labor contract with Chi Hong Company as before 2007, but the company insists on maintaining the Labor dispatch relationship, and the workers hope to reflect their demands by appealing to the relevant government departments. Labor contract "Change body" Chi Hong Company is located in Qujing, Yunnan Province, Yunnan Metallurgical Group Co., Ltd. is the holding of a shares listed companies, mainly lead and zinc industry, set geological exploration, mining, mineral processing, metallurgy, chemical, deep-processing and scientific research as a whole, the company has 3 subsidiaries, wholly owned subsidiary 5, holding company 6, in Yunnan　　, Inner Mongolia has a number of mine-owned. Chi Hong Company party secretary Voupechon said in the second half of 2007, the company began to adjust the employment of enterprises, in accordance with the newly promulgated "Labor Contract law", the workers who have worked for 10 years, the labor contract into a non-fixed term labor contract; for less than 10 years of service of migrant workers, then transferred to the Labor Dispatch company,　　Workers and labor dispatch companies to sign 2.5 to 3 years of Labor dispatch contract, then go to Chi Hong Company work. "When we signed the contract, we were not quite sure what was going on, also do not understand the law, and the signature is in the company, the mine leader is also in the scene, think of later also in the mining plant to work, they also directly manage our daily work and pay performance evaluation and settlement, and convinced that the leadership will not deceive us, we signed. But we found out that we were cheated by the company after we signed it. Before, our labor relations and wage relations are in the macro company, but later turned into a Huize Cheng Yu Labor Dispatch Co., Ltd., welfare treatment gradually reduced, no enterprise annuity, no Housing Provident Fund, also not a year-end award, evenThe annual health check-up is gone, the work clothes are also contract workers, we sometimes do not feel like a ' second-class citizen ', said Lubenrong, a worker representative. At the same time, workers have found that labor dispatch companies violate regulations and pay less for their Social security payments. Workers Sun Gaquan Pay, the individual monthly deduction endowment insurance 305 yuan, and Huize Cheng Yu Labor Dispatch Co., Ltd. issued the "Basic Endowment Insurance Personal Account table" documents show that the individual monthly actual delivery of endowment insurance only 124 yuan, less than the workers withholding more than 180 yuan,　　The part that was transferred from the unit was not there since 2006. The things that made the workers depressed were not over. Since the end of July 2010, the contract between the workers and the Labor dispatch company has expired. Goodwill Labor Dispatch company told workers, will be interrupted with the workers before all the labor relations, to each person according to the seniority of 2250 yuan/year of compensation, workers go back to rest for one months, and then in the name of new workers into the Labor dispatch company,　　Then back to Chi Hong Zinc company Huize Mining plant to work.　　Workers ' representative Liu Lifen that Chi-Hong Company's practice is to them for so many years for the company's contribution to obliterate, for the maintenance of rights and interests, they successively to Huize County, Qujing Two levels of government and departments petition, but has not been very good treatment, "if this province can not solve, go to Beijing." Voupechon says workers have the right to express their claims, but the company and the workers and intermediary companies signed Labor service dispatch contract is strictly in accordance with the "labor contract Law" operation, is lawful compliance; Workers said the company to use deception and other improper means to let them sign a labor dispatch contract, is also not tenable, because at that time when the contract was signed,　　The contract has been written plainly, is with the Goodwill Labor Dispatch company signed 2.5 to 3 years of contract, by the labor company sent to Chi Wang company Huize branch work, workers are also read after the sign, can not deceive. Voupechon Frankly, Labor dispatch is now commonly used in a form of employment, the company currently has about 2,100 labor dispatch workers, have to do auxiliary work, but also in the front-line work.　　The petition of more than 130 workers in the Huize branch engaged in mining and mineral processing work, and some work under the mine hole, some in the election plant work, and some in the plant repair shop work, there are also sitting office. Labor dispatch employment The lawyer Li Junli of Yunnan Qin law firm introduced, Labor Dispatch refers to Labor service intermediary company and workers enter into labor contract, intermediary company and employing unit to enter into labor dispatch agreement, then by intermediary company will send Labor to Labor unit to work, is a kind of "employment" and "use" Separate labor management model.　　Its biggest characteristic is, the personnel does not establish the labor relations, establishes the labor relations not the actual personnel. Yunnan Provincial Federation of Trade Unions, the Minister of Legal Protection Wang Zhengang that Chi-hong company in the "Labor contract law" promulgated but has not yet been formally implemented, the large number of workers into labor dispatch, there is no fixed terms of the labor contract law is suspected. The labor contract law stipulates that the laborer has worked continuously for 10 years in the employing unit orTwo consecutive fixed-term labor contracts will be concluded without fixed-term labor contracts. "And the large number of workers in the Mine are dry manual labor, if they are signed without fixed-term contract, and so the workers are slightly older to deal with." Li Junli said that the new "labor contract law" clearly stipulates that "Labor dispatch generally in temporary, auxiliary or alternative work of the implementation of", but the petition workers are long-term in the first-line positions engaged in the main work, it is not suitable for the signing of Labor dispatch contracts.　　In addition, the labor contract law also stipulates that "the dispatched workers have the right to equal pay for the same work as the employees of the employing units", but the workers in the petition reflect that they do not have equal access to the company's entitlements. The labor contract law also stipulates that "the employer shall determine the dispatch period according to the actual needs of the job and the Labor dispatch unit, and shall not establish several short-term labor dispatch agreements by dividing the continuous employment term." "and workers reflect that the company requires workers to clear the previous working hours, in the name of the new workers into the labor service to send the company back to work practice is also inappropriate."　　"Li Junli said. "The reason why companies use labor to send workers is that they can reduce costs and are flexible and can even reduce or evade social responsibility." "Yunnan Province Federation of Trade Unions party secretary, Executive vice President Lu Zheng said that enterprises usually with the labor dispatch companies to sign short-term service agreements, the agreement is easier to terminate, in the period of service agreement, the Labor enterprise can return labor service workers to send the company, once the enterprise production and operation encountered serious difficulties, need to lay off　　Labor workers can avoid or reduce economic compensation because they do not sign labor contracts directly. "Not only is Chi-hung, but also not only Yunnan province," labor contract law "after the implementation of labor dispatch employment rapid growth, railways, civil aviation, communications, finance and other systems have used a large number of labor dispatch workers.　　"Lu Zheng said. The Office of Political Research of Guangzhou Municipal party committee and the History of labor movement of Guangzhou Municipal Federation of Trade Unions have conducted a joint investigation on Labour dispatch and employment. The survey reflects that Guangzhou enterprises, especially large and medium-sized state-owned enterprises, there is a widespread production of front-line jobs in the use of labor dispatch workers, some enterprises in the labor force accounted for nearly half of the proportion of workers, and some enterprises will be the original official staff into the Labor dispatch company again sent back to work.　　The result is the personnel unchanged, the status has undergone a fundamental change, the corresponding labor remuneration is reduced, and some employing enterprises to take a project and the overall outsourcing to circumvent the "labor contract law" related provisions. Li Junli said that the labor dispatch form of employment has already existed, and the "Labour contract law" for the first time in the dispatch of labor dispatching units, dispatched workers and employment units of three relations, as well as the corresponding rights and obligations made provisions to fill the legal gap in the dispatch of labor.　　However, the provisions of labor dispatch more principles, operability is not strong, the labor dispatch agencies and employment enterprises lack of specific and effective restraint measures, which for the Labor dispatch was abused left space. Labor dispatch dispute or will be Lu Zheng to this newspaper reporter said, with the labor serviceThe spread of employment, resulting in the emergence of a new labor "two yuan structure", coupled with the workers in the workforce and the official group of workers in different status, in all aspects of the treatment of enterprises there is a big difference, easy to cause the division of the staff and opposition.　　At the same time, due to the access conditions of labor dispatch agencies are too loose, the government's labor dispatch and lack of supervision, resulting in the blind development of labor service agencies, labor intermediary companies, some thousands of-person intermediary company is even just a "pop". The Chi Hong Zinc germanium company petition incident, the workers in addition to reflect the labor agency to pay less social security, but also said the company's service attitude is very bad. Intermediary company in charge even said to the workers: "To sign the contract quickly signed, do not sign even if, there are many people carrying ham to my home hope to sign the contract." "" In the work of unequal pay, labor intermediary irregular, supporting laws and regulations are not in place, regulatory vacancy and other factors, the Chi Hong Company workers petition incident may only be a precursor, expected in the future due to labor disputes brought about by the social events will be more and more.　　Lu Zheng said with concern. Lu Zheng said that although the enterprise thus more flexible employment, saving the cost, convenient management, labor dispatch agencies also earned a small amount of management fees, can be a worker's professional stability and security has been seriously challenged.　　In order to better protect the rights and interests of workers, labor dispatching should be standardized to prevent the misuse of the way of Labor dispatch.　　First, I hope that the human resources and social security departments on the implementation of the "Labor contract law", "Labor dispatch in the temporary, auxiliary or alternative work of the implementation of" and other provisions of the implementation of the Regulations, the organization of research, not in line with the work of the dispatch of jobs do not permit the implementation　　Second, the organization of the Labor dispatch intermediary units to carry out a comprehensive clean-up rectification, standardize labor dispatching work, to stop illegal acts, and protect the legitimate rights and interests of labor-dispatched workers.　　Third, to do a good job of supervision, in accordance with the principle of equal pay for work, so that the labor dispatch workers enjoy the same labor contract workers remuneration, and enjoy the right to social security. Li Junli lawyer reminds, "Labor contract Law" stipulates that the laborer and the employing unit may enter into the non-fixed term labor contract and the condition situation which establishes, is also protects the employer's legitimate rights and interests. Companies worry about signing a labor contract without a fixed period of time after the staff will become the burden of enterprises, increase the cost of labor, this is completely an understanding of misunderstanding. "No fixed-term labor contract employees and enterprises have a natural cohesion, centripetal force, training staff loyalty, this is a good way to reduce the cost of operation." Li Junli said.