Interim Provisions on Labor Dispatch (” Provisions”) will Come into Force from March

Provisions which has drawn much attention is finally introduced, and will come into force on Mar., 2014. Provisions will bring a huge effect to employers on the following 4 aspects:

The auxiliary position shall be defined through democratic discussion and publicity procedure
Provisions allows the employer to define the auxiliary position, however, it adds democratic discussion and publicity procedure stipulated in Labor Contract Law.

For those employers, they can make good use of this right; but for those dispatched staffs, if there is no representative of them in the labor union, such auxiliary position may not be defined reasonably.

The maximum proportion of dispatching is 10%.

Provisions requires those employers who are not qualified to reduce the proportion to the specified level within 2 years from the effective date of the Provisions, and develops a scheme for employment adjustments to the authority.
So the authority shall release some guidelines on how to define the total amount of employees, the amount of dispatched staffs, whether the employer has exceeded the proportion, and etc..

Equal pay for equal work

Provisions, Article 9 stipulates that Article 9 An employer shall, …… provide the dispatched workers with the position-related welfare benefits without any discrimination against the dispatched workers. So it fails to explain whether “equal pay “covers the welfare benefits beside salary. Some experts take this article as the supplementary one for welfare benefits. However, in fact, just like Article 62 of Labor Law, Article 9 just mentions the position-related welfare benefits.

The circumstances that an employer may return a dispatched staff have been specified.

However, the employer whose proscribed time period of medical treatment has not expired, or female in her pregnancy, confinement, or nursing period, the employer shall not be returned even such circumstances occur.