Although the dispatched employees should be paid by the dispatching unit to establish labor relations with the dispatching unit, in fact, the salary is reflected in the dispatching expenses paid by the employer to the dispatching unit. In view of Article 92 of the Labor Contract Law, if the dispatching unit violates the rights and interests of the dispatched employees, the employing unit shall bear joint liability. This includes the situation that the dispatching unit deducts the wages of the dispatched employees. Therefore, it is suggested that the employer directly pay the employee's salary to the dispatched employee to avoid the illegal dispatching unit from escaping.
1. Who should pay the overtime pay of the labor dispatch personnel?
Overtime pay is the labor remuneration obtained by dispatching workers to continue production or work outside the prescribed working hours according to the production and work needs of enterprises. It is not fixed, and it is impossible to stipulate the specific amount in advance in the labor contract and dispatch agreement. Therefore, according to the regulations, dispatched employees have the right to receive equal pay for equal work with employees of employing enterprises. In addition to wages, there are overtime pay, benefit bonus and welfare, which should be enjoyed by dispatched workers as well as employees of employing enterprises, so the overtime pay of dispatched workers is generally paid by employing enterprises.
Second, labor dispatch wage payment steps.
Generally, the salary distribution process of dispatched employees is to determine the total salary, social security fund, overtime pay, personal income tax, housing accumulation fund, etc. The employing enterprise pays the wages to the dispatched employees on a monthly basis, then transfers the money to the financial account of the dispatching company according to the time stipulated in the contract, and then the labor dispatching company pays all the wages, personal income tax withholding and social insurance withholding of the dispatched employees.
At present, most of the time, it is the labor dispatch workers who are embarrassed, because they don't know who should be responsible for their labor income and who should ask for remuneration. Therefore, before we start our work to protect our own interests, we should clearly understand these legal knowledge!
Legal basis:
Article 63 of the Labor Contract Law stipulates that the dispatched workers have the right to equal pay for equal work with the employees of the employing unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located.
Article 61 of the Labor Contract Law stipulates that if a labor dispatch unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be implemented according to the standards of the place where the employing unit is located.
Article 59 of the Labor Contract Law stipulates that the labor dispatch agreement shall stipulate the amount and payment method of the social insurance premium of the dispatched personnel and the responsibility for violating the agreement.