In new network on July 1 report (Wang Yongji) new castigatory " labor contract law " since now will carry out formally. The window with new the oldest law, stipulated the service sends labour to enjoy clearly namely with the unit that use worker worker " formal labour " the right of equal pay for equal work. To this, a lot of people are had his heart filled with expect, but also analytic personage points out, new law is helpful for normative service sending random elephant, but should realize equal pay for equal work, be in actual in it is very difficult that the operation rises, still " shoulder heavy responsibilities " .
New law sets clearly " equal spring poolpay for equal work "
Current, unit of choose and employ persons uses a service to send labour to had made general appearance in great quantities. So-called service is sent, be by send a company actually to sign a service to send an agreement above all with project unit and service, the company is sent to replace employee of invite applications for a job of unit of choose and employ persons to undertake sending by the service later.
In be being operated actually, partial unit will be sent use when long-term employee with labour, but send employee is as formal as this enterprise employee is versed in capture of different fulfil, social security expends base difference together big, the service is sent already " change flavour " , damaged be sent employee closes right increase. This one phenomenon causes social attention, and below the binary system that use worker worker " allocate by the identity " phenomenon also by cannon old, did not see a change up to now however.
Be aimed at this one unreasonable phenomenon, new castigatory " labor contract law " the right that made clear a service to send labour to enjoy the laborer equal pay for equal work with the unit that use worker worker. New code decides: "The unit that use worker worker ought to according to principle of equal pay for equal work, to be being sent the laborer of as congener as this unit post executes laborer same work reward allocates method. The unit that use worker worker does not have congener post laborer, consult seat of the unit that use worker worker is same or the work reward of close post laborer is affirmatory. Consult seat of the unit that use worker worker is same or the work reward of close post laborer is affirmatory..
According to an investigation of countrywide federation of trade unions, the whole nation is sent laborer number reached about 37 million person 2011, 13.1% what hold domestic worker sum total. Among them, employ in state-owend enterprise and governmental orgnaization a large number of services send personnel. Public eye is the more medium " good unit " , should tell a staff the more " iron rice bowl-a secure job " , casual and the salary difference that are versed in formally are bigger.
brass faucetWhether was labor contract law saved as to new castigatory " casual " , the expert points out, " labor contract law " edit case those who be aimed at is the service sends work, the service sends work is sent a company to sign a contract with the service, send a company to send the unit that use worker worker by the service. The casual that the service sends labour to say with masses habit not just the same, the service sends labour to do not have working relationship with the unit that use worker worker, the unit that the working relationship of so called casual is in in oneself, this is harrison hot spring public poolboth it is different.
Regard income allocation as the main component of reform, premise of since of equal pay for equal work also is must. The public is full of to equal pay for equal work expect while, new castigatory " labor contract law " after all whether ensure the implementation of equal pay for equal work, there is a bottom in a lot of popular feeling.
Analytic personage points out, new " labor contract law " in do not have to equal pay for equal work specific " executive detailed rules " , the operation rises have difficulty. "Be versed in together " this one concept, this but fair say communal reason, the mother-in-law says the thing of mother-in-law rational. In an unit, the person that be versed in together just has can compare a gender, but average service sends i want modern dining chairslabour to offer post of a few provisionality only mostly, lack can compare a gender. These elements decided to realize equal pay for equal work to be sure to allow norton internet antivirusheavy and the path is far.
Raise doorsill standard service to send random elephant
For play truant, in be operated actually, most him unit that use worker worker employee of interview invite applications for a job, sign a service to send a contract with employee however, the service sends the salary of labour to send company hair by the service, "The holiday is sent, use worker worker really " the phenomenon is outstanding.
The expert points out, before this, establish a service to send a company to need 500 thousand yuan capital only, and do not need any administrative licenses. This brought about a lot of services to send an enterprise to borrow endowment register, after obtaining business license, take sth used to one's own advantage time, and door of The Ministry of Commerce and Industry often is opposite again this kind of enterprise is scanty at management, once produce labor dispute, these empty shell companies often " the abscond that carry a money " , be found out very hard, the legitimate rights and interests of laborer also gets ensuring hard.
To this, new " labor contract law " pull the doorsill that manages a service high to send professional work greatly, and gift the right that branch of manpower social security develops management service to send business administration to permit lawfully. The expert expresses, new law will be helpful for normative service sending random elephant.
New " labor contract law " regulation, "Management service sends professional work, ought to apply for administrative license lawfully to labor service; Of classics license, deal with corresponding company to register lawfully. Without the license, any units and individual must not manage a service to send professionalthe best selling north face shirts work. " at the same time, management service sends the doorsill of the company to also rise accordingly, its registered capital to raise 2 million yuan from 500 thousand active yuan.
In addition, new law still limitted a service to send can be in only with labour " 3 sexes " —— provisionality, auxiliary sex or replace sexual post to carry out; Specific provision should control a service strictly to send the measure that use worker worker with project unit, do not get the certain scale that uses labour gross more than.
To enhance superintendency strength, new " labor contract law " accentuated the condemnatory strength that violates act with labour to labor. Set without the license, do sth without authorization manages a service to send professional work, confiscate illegal earning, manage illegal gain the amerce with one times fivefold and the following above. Still stipulate the unit tthe most popular north face shirtshat ufree norton internet antivirusse worker worker causes harm to the laborer that be sent, the service is sent the unit assumes implicative liability to pay compensation with the unit that use worker worker.
Or cause send the side-effect such as labour unemployment
The expert points out, unit of a lot of choose and employ persons likes to use a service to send work, the mainest purpose is for avoid risk, reduce the cost that use worker worker. And after editing " labor contract law " just put an end to this, it is the approach that urging an enterprise to go long-term to use worker worker actually, advocate the fair and reasonable environment that use worker worker.
But if the service sends labour to ask to take the salary with formal employee, the cost of choose and employ persons of the enterprise can raise for certain. According to media coverage, a few services send a company to already began an action, seharrison hot spring weather forecastek a solution together with the unit that use worker worker in succession. In addition, face new labor contract law send to the service with labour strict scale is restricted, the enterprise already had 3 kinds to answer a method: Become a full member, the bag ounorth face shirtstside turning, repulsive.
Analytic personage points out, state-owend enterprise, institution can become a full member without the work out, and once become a full member, the state-owend enterprise will raise administrative cost greatly, the bag outside turning is a right choice to certain unit, labour union of the member that a large number of finally sending turns staff of company of the package outside be.
The expert expresses, to how distinguishing the service is sent now and wrap outside the service, law does not have a regulation, academic group also does not have uniform standard, once laborer wants dimension,counterpoise will more hard.
Additional, the expert points out, legal provision is very good, but practical effect very it's hard to say, may have a few side effect, may cause a few services to send labour unemployment for instance. In the meantime, new " labor contract law " after carrying out, inevitable meeting causes issue of a few new the contradiction that use worker worker, do not eliminate to be able to produce suit of a few law.
Carried out 2008 " labor contract law " hind, the labor dispute of countrywide each district and arbitral case appebrass faucet aerator ar " blowout " . New nowadays " labor contract law " after carrying out, whether can cause case of issue of service of the member that use a worker temporarily " blowout " what the phenomenon also causes partial personage is anxious.
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