On January 26, 2014 the Ministry of Human Resources and Social Security (MHRSS) published the Tentative Regulations on Labor Dispatch on its website . The regulations will come into force on March 1, 2014.
The regulations provide that:
- Employers must strictly limit their number of dispatched labors to no more than 10% of their total labor force. If the number of dispatched laborers exceeds 10% before the implementation of the Regulations, the employer must adjust its employment plan and reduce the number of dispatched laborers to 10% within two years. If not, the employer may not any employ new dispatched laborers.
- Employers must provide dispatched laborers with welfare benefits and salaries that are consistent with their work. Any discrimination against dispatched labors is prohibited. In the event that laborers are dispatched to other areas, the dispatching unit must arrange for social insurance for the dispatched laborers in the place where the laborers are located and pay the social insurance premium required by the local government. Dispatched laborers shall be entitled to social insurance as provided by national regulations.
- If the dispatching company does not establish a branch in the location of the employer, the employer shall arrange for social insurance and pay the premiums on behalf of the dispatching unit.
- If a dispatched labor is injured due to work assigned by the employer, the dispatching unit must apply for a Work Injury Certification and the employer must assist in the investigation and verification of the injury. The dispatching unit is responsible for occupational injury insurance liability, but may consult with the employer concerning any compensation to be paid.
- If a dispatched laborer returns from dispatch but is not currently working, the dispatching unit shall pay the laborer a monthly remuneration of no less than the local minimum wage.