Labour Dispatch Agreement

Therefore, these seconded workers work for and are monitored by the end user/customer/user company. Even if the seconded workers work for the user company, the user company is protected from a number of debts due to the lack of a direct contract between them and the former. The labour detachment is generally governed by Section 2 of the CPP Labour Agreements Act. On 24 January 2014, China`s Ministry of Human Resources and Social Security (MOHRSS) proclaimed the interim regulations on laboratory dispatch (MOHRSS Regulation 22), known as «intermediate regulation», to prevent companies from using the sending of work. Both regulations limit the nature of the positions that seconded staff may hold, the proportion of workers in a company that may be seconded personnel, and the manner in which they are returned to their agencies. You`ll find important information about shipping below. The interim regulation stipulates that the total number of seconded workers employed by an employer must not exceed 10% of the total number of workers, including salaried and seconded workers. However, ROOs of foreign companies are not subject to this limitation on the positions of seconded workers. The name observed outside is a parameter that is often ignored, while work dispatch and outsourcing are distinguished. In a work arrangement relationship, «worker» is defined as «an employee of the receiving unit»; although in an outsourcing relationship, workers rarely use the name «an employee on contract,» even if he/she is accredited to the contractor. Otherwise, in addition to the fact that it does not have a basic legal relationship, the employer increases, on the one hand, the risk of the contractor under section 34 of the Tort Act if a worker inflicts harm on another person in the course of his or her duties; When a seconded worker causes harm to another person in the performance of his or her work obligation during the period of work, the host employer assumes inseminability; and the shipping service, if it has a fault, assumes the corresponding additional responsibility. The name observed outside is usually evaluated by a subject outside the three parties involved.

In fact, a rational person who is not aware of the real situation would often decide on subordination by an employee`s appearance, such as self-introduction, work uniform, name card, time map, etc. On the other hand, this would create misunderstandings between the workers and employees of the contractor and would accumulate the legal risks caused by differences in pay for equal work or injury at work. The graph above shows the often called triangular relationship between agencies, workers and user companies, which exists in labor shipping structures. The graph also describes a loophole that lacks both labour control and social protection, which is often used in China. Article 12 In the following circumstances, an employer may return a seconded worker to the relevant work shipping service provider: Article 26 The work shipments covered by the article do not include the secondment of workers from an employer to overseas territories to work or to a family or individual to provide work services.