With the economic development and active labor market, the rapid development of labor dispatch industry has brought many problems and challenges. Recently, Zhenjiang Municipal Bureau of Human Resources and Social Security conducted a survey on the current situation of the labor dispatch industry in the city. The author analyzed and thought about the "three difficulties" of the current administrative supervision, the confirmation of the main body of employment and the protection of employees’ interests.
First, the current situation and development trend of labor dispatch industry
Labor dispatch originated in America. As a way of employment, it relieves the structural contradiction of employment in this region to some extent, reduces the burden of human resources management of employers, and promotes economic and social development and population mobility. First, there has been a sharp increase in quantity. In 2019, there were 222 labor dispatch companies in the city. Up to now, there are 670 registered businesses, with a net increase of 448 in five years, with an increase of 202%. Second, the number of labor dispatch workers has increased substantially. In 2019, there were 28,609 labor dispatch workers in the city. By the end of 2023, the total number of labor dispatch workers in the city had increased to 40,246. Third, the proportion of outsourcing business of dispatching companies has increased. In order to avoid the related constraints such as "three jobs", "equal pay for equal work" and "10% dispatch ratio", many labor dispatch units operate in a mixed way in the form of outsourcing+dispatch.
The above phenomenon will still exist in the future, and it may even expand further. However, there are too many and rotten labor dispatch enterprises, and some labor dispatch enterprises are not standardized, and the management and service level of labor dispatch is relatively low; In some industries and some enterprises, the proportion of labor dispatch workers is high, and there are different pay for the same work, different social insurance and different welfare treatments, which leads to the phenomenon of frequent labor disputes, which shows an upward trend year by year, to a certain extent, affects the improvement of workers’ skills and quality, affects workers’ loyalty and sense of belonging to enterprises, intensifies the instability and crisis of employment, and the trend of marginalization of labor relations is more and more obvious.
Second, the bottleneck affecting the high-quality and standardized development of labor dispatch field
First, the laws and regulations authorize the law enforcement supervision basis to be insufficient.The phenomenon of labor dispatch in different places is widespread and widely permeates local employers. However, due to the restrictions of current laws and regulations, local law enforcement agencies cannot enforce the law on labor dispatch companies registered outside this city. Although the superior documents require that the dispatch in different places should be filed locally, there is no mandatory effect, and the actual filing and effect are very small, so a large number of dispatch companies in different places are outside the legal supervision.
Second, the self-discipline mechanism of the labor dispatch industry has not been fully established.Many labor dispatch enterprises set up recruitment stations or cooperative companies in other provinces and cities, and according to the lack of work in local employers, they suddenly organized personnel to come to work. After the order task was completed, it was quickly dissolved, resulting in a large number of short-term unemployment. For example, most courier companies recruit a large number of workers during the "Double Eleven" and "Double Twelve" periods, and after the time and tasks are completed, they quickly return the labor services to the dispatching company. Therefore, it is particularly important to standardize the classification of labor dispatch industry and strengthen the self-discipline of relevant associations.
Third, fake outsourcing and real dispatching make it difficult to defend rights.Labor outsourcing and labor dispatch belong to two different legal concepts. Some labor dispatch companies sign labor outsourcing agreements with employers, but what they actually perform is labor dispatch. The affiliated outsourcing companies are basically registered in other provinces and cities, avoiding local supervision. Moreover, the employment relationship has changed from the original "labor lease" to "project entrustment", and when the rights and interests of workers are seriously damaged, it is easy to push each other.
Third, some thoughts and suggestions on strengthening and improving the supervision service of labor dispatch
Labor dispatch is a kind of supplementary employment, and the rights and interests of its workers should be respected and protected. How to put the labor dispatch back on the right track and strengthen and improve the supervision service is an urgent problem to be considered and solved at present.
First, insist on tapping potential internally and make efforts to integrate dispatching management resources.The municipal human resources and social security department will further sort out the regulations and responsibilities related to labor dispatch, take the implementation of high-quality assessment mechanism as the starting point, integrate internal resources, tap the potential of supervision services, make concerted efforts, and realize the advancement of customs. Adhere to the "Interim Provisions on Labor Dispatch" and the "Measures for the Implementation of Administrative License for Labor Dispatch", and issue the "Notice on Further Standardizing Labor Dispatch in Our City" to urge labor dispatch companies to sign labor dispatch agreements and labor dispatch contracts with employers, fulfill their legal obligations, ensure that the signing rate of labor contracts reaches over 98%, and gradually realize the standardization and legalization of labor contract management.
The second is to highlight the source governance and work hard to strengthen the management of dispatching in different places.Inter-provincial and inter-city labor dispatch has always been a difficult and painful point for the supervision of human and social departments. The difficulty lies in the limitation of law enforcement jurisdiction, and the interests of employers and dispatching companies are tied and reconciled with each other, which damages the legitimate rights and interests of labor dispatch workers such as social security insurance, welfare benefits, rest and vacation. In the next step, the Municipal Bureau of Human Resources and Social Security will further intensify its work. On the basis of extensively soliciting opinions from people’s congresses, CPPCC, courts and other units, it will strengthen the source management of employers who use off-site dispatch but have not filed locally in the form of policy documents, and reverse the unfavorable situation of difficult supervision of off-site dispatch.
The third is the operation evaluation mechanism, which makes great efforts to improve the self-discipline management of the industry."Standard for Credit Rating Evaluation of Labor Dispatching Units in Jiangsu Province (DB32／T 4420-2022)" was officially implemented. The municipal human resources department will conduct credit rating evaluation on enterprises that have obtained business licenses, labor dispatch business licenses issued by administrative licensing authorities or labor dispatch branch registration certificates and operate labor dispatch business within the validity period, and through the province’s integrated information platform for people and society, Push the credit rating evaluation results to the public credit information system at the same level, release the credit rating information of labor dispatch units, and implement corresponding supervision measures for labor dispatch units rated as "C" credit rating. I believe that through several years of guidance and efforts, the awareness of self-discipline and law-abiding in local labor dispatch enterprises will be greatly improved.
The fourth is to increase the cost of illegal activities and work hard to jointly investigate and deal with violations.Continue to increase cooperation with market supervision departments and tax authorities, and strengthen supervision and inspection of labor dispatch units in accordance with the work requirements of "double random and one open". An inspection team composed of people’s organizations, market supervision, trade unions, women’s federations, youth league committees and disabled persons’ federations shall be set up to supervise and inspect the implementation of the employer’s labor contracts, labor remuneration, social insurance and training systems, as well as the implementation of systems related to the vital interests of workers, such as employment posts, employment scope and employment ratio. Strengthen the nuclear strength of the labor dispatch application materials and other related contents, put an end to the dispatch business in the name of outsourcing, and deal with the labor dispatch business without permission according to the relevant provisions of the Labor Contract Law.
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