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Home > News Center Co., Ltd. > Definition of Temporary Worker
News Center Co., Ltd.
Definition of Temporary Worker
Publish Time:2023-07-22        View Count:65        Return to List

"Temporary worker" is a term that legally does not exist, yet it was a well-known phrase during the planned economy era. Today, it is prevalent across various industries, giving rise to the "temporary worker phenomenon." With the implementation of the Labor Contract Law, there is no longer a legal distinction between temporary and regular workers; instead, the difference lies in the duration of the contract. Employers must enter into labor contracts with workers, and cannot refuse to sign contracts under the pretext of temporary positions. If employing workers on temporary positions, there can be distinctions in the contract duration, such as choosing to sign "labor contracts with a term based on completion of specific tasks" or "part-time employment contracts."

In everyday life, there are still a significant number of temporary workers, predominantly migrant workers, widely distributed in low-end labor markets such as construction, catering, cleaning, and care. They often have low incomes, incomplete social security, and some, despite having labor contracts, find them to be virtually non-existent. The difference between temporary workers and regular employees lies in the nature of short-term, casual, and non-full-time employment. With the implementation of the Labor Contract Law, many employers have transformed the traditional concept of "temporary workers" into "dispatched workers." These dispatched workers have become the new form of temporary labor in many sectors. According to the provisions of the Labor Contract Law, dispatch work should be implemented on temporary, auxiliary, and substitute positions. Although these dispatched workers may work for three, five, or even longer periods within the employer's organization, their status, benefits, and level of security within the company are roughly similar to those of past temporary workers, leading to an awkward situation for these dispatch workers similar to temporary labor.

Widespread pay inequality is a common issue, where workers lack access to formal training, promotion, or recognition that regular employees enjoy, and are constantly at risk of being terminated. They feel no sense of belonging to the company and have no connection with their employer beyond labor. In the event of disputes or when new candidates seek employment, they can be dismissed at any time, with no legal protection. This is detrimental to the protection of workers' rights.


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