What are the rights and obligations of labor dispatching?_News Center Co., Ltd._Dongguan Chuangyi Human Resources Service Co., Ltd. 
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Home > News Center Co., Ltd. > What are the rights and obligations of labor dispatching?
News Center Co., Ltd.
What are the rights and obligations of labor dispatching?
Publish Time:2023-07-22        View Count:120        Return to List

The employer, as defined by this law, is responsible for fulfilling the obligations towards the employees. The labor contract between the dispatching unit and the dispatched employee should, in addition to the matters stipulated in Article 17 of this law, also specify the employing unit of the dispatched employee, as well as the dispatch period, job position, and other relevant information.

The rights and obligations are primarily reflected in the following three aspects:

1. The employer of graduates must enter into a written labor contract with the dispatched worker. This regulation further clarifies the labor relationship between the dispatching unit and the worker. In addition to the necessary clauses of a general labor contract, the contract must explicitly specify the employing unit of the dispatched worker, the duration of dispatch, job position, and other relevant details.

2. Employment dispatch agencies are referred to as employers under this Act and shall fulfill all obligations of employers to employees. This provision clarifies that employment dispatch agencies form formal labor relationships with employees as defined by this Act. Employment dispatch agencies shall assume all rights and obligations of employers. These rights and obligations are explicitly stated in this Act. For example, temporary worker hiring agencies are obligated to legally recruit employees, enter into labor contracts, pay economic compensation upon termination of employment, pay wages, participate in social insurance, and pay insurance premiums in accordance with the law; employers are also required to legally allow employees to join or organize trade unions, and bear joint liability for the obligations of the dispatch agency to pay economic compensation, wages, participate in social insurance, and pay insurance premiums in accordance with the law upon termination of employment.

3. The dispatching unit and the dispatched worker must enter into a fixed-term labor contract of at least two years. The term of the labor contract should be agreed upon by both parties. It can be a fixed-term labor contract, an open-ended labor contract, or a labor contract with a term based on the completion of certain work. While the fixed-term labor contract is agreed upon by both parties, this law imposes a mandatory regulation on the term of labor contracts in labor dispatching, stipulating that the term must not be less than two years and can be more than two years.


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