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For labor dispatch workers, wages must match permanent staff on identical positions, and both the dispatch agency and host company share joint and several liability for workplace harms

Original: eternity4719 · source details

Original author: eternity4719 · Chinese source: · English adaptation: parveen0029. Translation and grade notes ↗

Bibliographic titles are retained in their original language.

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Cost and benefit at a glance
Check the cost Cost ↓
Zero financial cost. Check your employment contract to verify which corporate entity is stamped as your legal employer. The dispatch agency is legally obligated…
Then the source benefit Benefit ↓
The Labor Contract Law provides that the labor dispatch agency is your statutory employer, mandated to execute fixed-term employment contracts of at least 2 years and pay monthly w…

In plain terms

As a dispatched agency worker, your employment contract is signed with the labor dispatch agency, but the host company where you work daily shares statutory legal duties. Your wages must be calculated under the identical compensation and incentive structure as direct permanent employees in matching roles. If you suffer damages or injury at the host company, both companies are jointly and severally liable—you can pursue either or both for 100% of compensation. Between client assignments, the agency must pay you monthly statutory minimum wage.

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Editorial cartoon · Chapter 19Thin paper. Thick consequences.

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English dialogue
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  • Let me finish reading the plot.

Cost: what it takes

Zero financial cost. Check your employment contract to verify which corporate entity is stamped as your legal employer. The dispatch agency is legally obligated to disclose the terms of the commercial dispatch agreement. If disputes arise, file for labor arbitration (free of charge, 45-day statutory timeline).

Benefit: what the source reports

The Labor Contract Law provides that the labor dispatch agency is your statutory employer, mandated to execute fixed-term employment contracts of at least 2 years and pay monthly wages; during unassigned gaps between assignments, the agency must pay monthly wages based on local statutory minimum wage benchmarks. The dispatch agency must disclose dispatch agreements and cannot withhold compensation paid by the host company; neither firm may charge recruitment fees. Dispatched employees enjoy the statutory right to equal pay for equal work: host companies must apply identical remuneration distribution methods for identical positions, or benchmark against local prevailing wages for comparable roles if no direct internal positions exist. Host companies must pay overtime, performance bonuses, and provide role-related welfare benefits without discrimination, adjusting wages normally during continuous assignments. Statutory dispatch is strictly restricted to temporary, auxiliary, or substitutable positions (temporary positions cannot exceed 6 months), and dispatched personnel cannot exceed 10% of total host enterprise workforce. Where host enterprises inflict harm on dispatched workers, the dispatch agency and host enterprise bear joint and several tort liability, meaning you can demand full compensation from either firm and name both as co-respondents in labor arbitration. If an occupational injury occurs at the host entity, the dispatch agency must file for work injury recognition and bear insurance liabilities, with the host company assisting investigations.

Conditions, limits and disagreements

"Equal pay for equal work" mandates applying the identical allocation formulas rather than guaranteeing identical net pay regardless of tenure. If a host company returns you and the dispatch agency proposes new assignments with reduced terms, you may decline and the agency cannot terminate your contract on that basis. Statutory severance upon lawful contract termination is calculated as detailed in Chapter 19, Rule 4. If injured on duty at a host company, demand that the agency file for statutory work injury recognition, or file independently if they refuse (Chapter 19, Rule 11). Recovering unpaid wages is covered in Chapter 7, Rule 2. Benefit is categorized as Moderate.

Original references

Original bibliographic titles and links are preserved; some titles are in Chinese.

全国人大常委会 (2012 修正). 劳动合同法(第五十八、六十、六十二、六十三、六十六、九十二条). https://fgk.chinatax.gov.cn/zcfgk/c100009/c5193025/content.html(国家税务总局政策法规库转载);人力资源社会保障部 (2014). 劳务派遣暂行规定(人社部令第 22 号,第三、四、八、九、十、十二、十五、十七、二十七条). https://www.gov.cn/gongbao/content/2014/content_2667613.htm;全国人大常委会 (2007). 劳动争议调解仲裁法(第二十二、四十三条). https://rsj.ankang.gov.cn/Content-2150407.html(安康市人力资源和社会保障局转载);全国人大 (2020). 民法典(第一百七十八条). 最高人民检察院转载全文 https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml;国务院 (2006). 诉讼费用交纳办法(国务院令第 481 号,第六、十三条). https://www.gov.cn/ziliao/flfg/2006-12/29/content_483682.htm

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