Labor dispatch involves laborers, dispatching companies and service units, and the wages of laborers are paid by labor dispatch units. 1.What is the wage standard for labor dispatch personnel in 2022? The registered capital of the labor dispatch unit shall not be less than 500,000. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years. When the dispatched workers are not working, the dispatching unit shall pay the labor remuneration monthly according to the minimum wage standard stipulated by the local people's government. The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched workers according to the labor dispatch agreement. Second, how to pay the wages and benefits of labor dispatch personnel? (1) Article 63 of the Labor Contract Law stipulates that dispatched workers have the right to receive equal pay for equal work with 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. (2) 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. (3) 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 liability for breach of the agreement. It can be seen that which party pays all kinds of social insurance for the labor dispatch personnel is determined by the labor dispatch company and the actual employer through consultation. However, in any case, the labor dispatch unit or the employing unit must pay various social insurance premiums for the labor dispatch personnel, and cannot shirk and infringe on the rights and interests of the labor dispatch personnel. 3. What responsibilities should the labor dispatch unit bear? 1. The employing unit shall file the situation of using the dispatched workers and the dispatch agreement with the human resources and social security department, and be responsible for the daily management of the workers in the unit. 2. Check the labor dispatch unit registration certificate, employee identity certificate, labor contract and other materials of the labor dispatch unit, and sign a labor dispatch agreement with the labor dispatch unit. 3. The employing unit shall inform the workers of their job requirements and remuneration, pay overtime pay and performance bonus, and provide relevant welfare benefits. Mainly, the employer shall, in accordance with the provisions of the Labor Contract Law, implement equal pay for equal work for dispatched workers and non-dispatched workers engaged in the same kind of work, and implement the same wage and welfare system. If the employing unit has no non-dispatched workers of the same kind, it shall be determined with reference to the labor remuneration of workers in the same or similar positions in the place where the employing unit is located or in the industry. Continuous employment, the implementation of the normal wage adjustment mechanism. 4 to provide conditions to ensure that the dispatched workers participate in the collective wage negotiation of the employer according to law, and establish a normal wage adjustment mechanism. 5. The employing unit shall pay wages, social insurance and other related labor costs to the dispatching unit in accordance with the labor dispatch agreement, and indicate it on the payment voucher. 6, workers in the dispatch period of work-related injuries, the employer shall assist the dispatch unit to do a good job in the identification and declaration of work-related injuries. According to the relevant provisions of work-related injury insurance and labor dispatch agreement, pay work-related injury insurance benefits to employees who have work-related injuries. 7. If it is really necessary for the employing unit to implement the special working hours system when using the dispatched workers' posts, it shall report to the human resources and social security department, and inform the labor dispatching unit and the dispatched workers at the same time. To sum up, when the dispatched workers do not work, the dispatching unit shall pay the labor remuneration monthly according to the minimum wage standard stipulated by the local people's government.
Legal objectivity:
People's Republic of China (PRC) labor contract law
Article 62
The employing unit shall perform the following obligations:
(four) to provide necessary on-the-job training for the dispatched workers;
(five) continuous employment, the implementation of normal wage adjustment mechanism. The employing unit shall not send dispatched workers to other employing units.
People's Republic of China (PRC) labor contract law
Article 63
The dispatched workers have the right to equal pay for equal work with the workers of the employing unit. The employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions in the 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. The labor contract concluded between the labor dispatch unit and the dispatched laborer and the labor dispatch agreement concluded with the employing unit shall specify or stipulate that the labor remuneration paid to the dispatched laborer shall comply with the provisions of the preceding paragraph.