The main body of labor workers, chemical jobs, the main business of dispatching initiative.
Labor dispatch is chaotic, and employment breaks through legal boundaries.
Since the 1990s, labor dispatch has grown from the rise to the strength, meeting the restructuring needs of state-owned enterprises and institutions to reduce staff and increase efficiency. The reporter of the Economic Information Daily recently found in interviews in Hubei, Chongqing, Guangdong and Hebei that while labor dispatch has played an active role, there have also been some chaos in the past two years: the proportion of enterprise laborers is too large, showing subjectivity; The jobs of jobs are mainly oriented and basic; Employers break through the boundaries of laws and regulations to send initiative and other issues. According to a survey conducted by the All-China Federation of Trade Unions, there are a huge number of laborers at present, and there are about 27 million laborers in the country. Relevant experts believe that labor dispatch has changed from a temporary employment to a fixed and normal employment at present, but the treatment and protection level of labor dispatch workers are generally low, and all kinds of legitimate rights and interests are "discounted" in reality. Young people are the main body of laborers and have a strong awareness of rights protection. In addition, there are many basic jobs in the labor dispatch industry, and if their interests are not met for a long time, it will pose a hidden danger to social stability.The phenomenon of "sending flood" is widespread.At present, the phenomenon of "flood of dispatch" has become more common. Liu Xingchun (a pseudonym), a labor dispatcher in a public institution in Chongqing, told the reporter: "There are many companies or institutions that take advantage of the pressure of college students’ employment and fierce competition to recruit college students to work. The number of laborers in my unit now accounts for 2/3 of the total number of units. " The Tangshan City Federation of Trade Unions of Hebei Province conducted a survey on the labor dispatch in the city last November, and most of the enterprises surveyed had more than 30% of the labor dispatch, and some even reached 80%. There are only 600 regular workers and 1,193 labor dispatchers in Tangshan Branch of Sinopec, and the number of labor dispatchers has doubled. Mobile Tangshan Branch has 1612 labor dispatchers, accounting for 80% of the total number of employees. The "temporary workers" dispatched by labor services have become the main personnel of enterprises. According to a joint survey conducted by the Research Office of Guangzhou Municipal Committee and Guangzhou Federation of Trade Unions, after 2008, the use of dispatched workers by various enterprises, especially large and medium-sized state-owned enterprises, has greatly increased. For example, Guangzhou Shipbuilding Group has 7,700 dispatched workers, accounting for 55% of the total number of employees; GPHL has 6,319 dispatched workers, accounting for 42.4%; Zhujiang Piano Group has 1403 dispatched workers, accounting for 49%; China Mobile Guangzhou Company has more than 2,700 dispatched workers, accounting for 72% of the total number of employees.Labor dispatch and employment break through legal boundariesAccording to the provisions of the Labor Contract Law, labor dispatch is generally carried out in temporary, auxiliary or alternative jobs. However, in the survey, the reporter found that many enterprises with labor dispatch have broken through this "three-sex" boundary, and most of the types of labor dispatch are main business and basic business of the industry. The reporter’s investigation found that most of the workers in the first-line major businesses such as petrochemical industry, steel industry and electric power industry are labor dispatch workers. Among the 16 enterprises randomly selected by Tangshan Federation of Trade Unions, except for three hospitals where security guards and cleaners are auxiliary workers, the remaining 13 labor dispatchers are all main jobs. Pang Kehua, a migrant worker from a construction enterprise in Chongqing, has been working for almost 10 years. In 2008, he began to sign a labor contract with the company. In 2010, he signed a dispatch contract with a labor service enterprise under the arrangement of the company, still in the same company, doing the same job. "I have worked in a state-owned enterprise for ten years, and I have been a construction worker, but I have always been a temporary worker, which is far worse than the formal construction worker." Pang Kehua said. A survey of some enterprises conducted by the Hubei Provincial Federation of Trade Unions last year also showed that most of the positions and types of labor dispatch at present do not meet the requirements of "auxiliary or alternative". On the contrary, most of them are main business and basic business, and both positions and types of work require long-term and stability. The reporter’s investigation also found that many enterprises are "actively dispatching labor services". This initiative is mainly manifested in the fact that enterprises break through legal boundaries, exploit policy loopholes, and do everything possible to choose the employment mode of labor dispatch to solve the employment of front-line business.According to the "Labor Contract Law" implemented in 2008, "an employer may not set up a labor dispatch agency to send workers to its own unit or subordinate unit". However, in the investigation, many enterprises, especially large state-owned enterprises, set up their own labor dispatch companies, which separated the form of employing people and managing people, which violated the Labor Contract Law. The reporter found that some large state-owned enterprises such as steel and petrochemical have their own labor dispatch companies. In industrial and commercial registration, these companies basically avoid the business of labor dispatch, but register as employment consultation, talent information, career guidance and talent training. In fact, one of the main businesses of these companies is to recruit labor dispatchers for superior companies. Wang Zhenliang, a researcher at the Human Resources Market Management Office of the Hubei Provincial Department of Human Resources and Social Security, said that this practice of large state-owned enterprises actually played a policy "edge ball", which not only evaded the supervision of the human market, but also achieved the purpose of facilitating the use of labor dispatch workers. The reporter’s investigation also found that the employer extended the labor dispatch time in disguise by letting workers sign contracts with different dispatch companies, evaded legal supervision, and kept the identity of laborers who worked for them for a long time unchanged. However, the existing "Labor Contract Law" stipulates that the dispatched unit should conclude a fixed-term labor contract with the dispatched worker for more than two years, while signing two fixed-term labor contracts for more than two years in a row means signing an open-ended labor contract, that is, becoming a regular worker. In a survey jointly conducted by the Hubei Provincial Department of Human Resources and Social Security and the Industrial and Commercial Bureau last year,4787 Household enterprises have signed labor dispatch agreements with labor dispatch companies, most of which have a term of less than 2 years, and a few have signed labor dispatch agreements for more than 2 years. Rao Meng, who is in charge of labor dispatch in Wuhan Qidian Human Resources Co., Ltd., told the reporter: "Agreements under 2 years are mainly required by enterprises, and most of them are signed once a year." In the interview, the reporter also learned that some monopolistic industries and enterprises turned the original regular workers into dispatched workers after firing them, and some enterprises implemented "reverse dispatch". After recruiting workers themselves, they handed over the files to the dispatching company for dispatching employment procedures, and the dispatching company collected service fees from them, but "only nobody was seen". Rao Meng said that labor dispatch companies like this method best, because they can receive service fees without any trouble.It is difficult to protect the rights and interests of workers with equal pay for equal work.Surveys from Hubei, Chongqing, Beijing and other places show that labor dispatch workers can’t get the treatment of "equal pay for equal work", and many labor dispatch workers report that they do the same work as their colleagues around them, do more, but get much less than others. After graduating from college, Ma Yan and Sun Li joined a communication company in Chongqing to engage in marketing. Sun Li is a labor contract signed with the main company and is a formal worker; Ma Yan signed a labor dispatch contract with the subordinate enterprises of the main company and became a "laborer". From the first day they entered the company, their situation in the company was very different: Sun Li’s basic salary was 2,000 yuan per month, while Ma Yan only had 1,200 yuan. When the year-end bonus was awarded, Ma Yan, who had better work performance, only received a thousand dollars symbolically, but Sun Li received more than 10,000 yuan. Not only that, Sun Li also enjoyed various high benefits, such as social insurance such as pension and medical care, and housing subsidies of more than 10,000 yuan, but Ma Yan did not. In addition to the income gap, the Economic Information Daily reporter also found that most labor dispatch units pay social insurance premiums for dispatched employees according to the local minimum standards, and some only pay pension, medical care and work-related injury insurance premiums for dispatched employees. In the process of labor dispatch in different places, many labor dispatch units do not pay in the place where the employer is located, but deliberately choose to register and pay in areas with low social insurance payment standards. Ma Yan told the reporter: "The wages are so much lower than those of regular workers, and the amount of insurance payment is naturally much lower than others." According to insiders, in order to attract business, some labor dispatch units arbitrarily lower the service price.Even use kickbacks and cash to please employers. Some join hands with employers not to pay social insurance or pay less social insurance for dispatched employees, so as to reduce the labor cost for employers. Different pay for equal work and low level of protection make the legitimate rights and interests of laborers unable to be guaranteed. Many labor dispatch companies violate the regulations, and after the employing unit returns the dispatched employees, they terminate the labor relationship with the workers in order to avoid paying no less than the minimum wage when the dispatched employees are unemployed.