If you are labor-dispatched to work at another company, wages must be calculated the same way as for regular staff in the same type of post, and if you are harmed at the host workplace both companies pay together

A dispatched worker’s contract is with the dispatch company, and the host workplace where you work each day also has statutory duties. Wages must be calculated the same way as for people in the same type of post at that host; overtime pay and performance bonuses are also paid by it. If you are harmed at that host, both companies pay together; you may claim the full amount from either one. In months with no assignment after you are returned, the dispatch company must still pay at least the minimum wage.

Cost

No cost. Check the labor contract for which company’s seal is on it—a few minutes. Then ask the dispatch company what wage and social insurance the dispatch agreement states; it must tell you. Real disputes go to labor arbitration—free; after acceptance, cases close within 45 days, extendable by at most 15 days. If you disagree, go to court; ordinary first-instance procedure starts at 6 months, and you pay your own lawyer.

Benefit

The Labor Contract Law provides that the labor dispatch company is your employer; it must sign a fixed-term contract of 2 years or more with you and pay wages monthly. During periods with no assignment, it pays the local minimum wage monthly. The dispatch company must tell you the contents of the dispatch agreement and must not deduct wages the host workplace (legally, the using unit) pays you. Neither company may charge you fees. Dispatched workers have the right to equal pay for equal work with employees of the host. The host must use the same labor-remuneration distribution method for the same type of post. With no same-type post, set pay by reference to the same or similar local posts. The host must pay overtime and performance bonuses, provide post-related benefits, and must not discriminate against dispatched workers. For continuous assignment, wages must be adjusted normally. Dispatch may only be used for temporary, auxiliary, or substitute posts; temporary posts are those lasting no more than 6 months. Dispatched workers at the host must not exceed 10% of total staffing. If the host harms a dispatched worker, the dispatch company and the host bear joint and several liability. Joint and several means you may claim the full amount from either one, or from both. If you have a labor dispute with either, both are joint parties in arbitration. If you are injured at work at the host, the dispatch company applies for work-injury recognition and bears work-injury insurance liability; the host must assist the investigation. The host may return you only in the legally listed situations. Arrangements labeled contracting or outsourcing that in substance use people as dispatch are handled under the dispatch rules (nationwide; interim provisions effective 1 March 2014)

Notes

Equal pay for equal work compares whether the same type of post uses the same distribution method; it does not guarantee every person receives exactly the same amount. After you are returned, if the dispatch company lowers the original contract terms to reassign you and you disagree, it may not terminate the contract for that reason. If the dispatch company terminates or ends the contract with you on statutory grounds, it must pay economic compensation; the formula is in Item 4 of this section (calculate N when laid off). If you are injured at the host, have the dispatch company file for work injury first. If it will not, file yourself—see Item 11 of this section (apply for work-injury recognition). For deducted or unpaid wages: Section 7, Item 2 (complain to labor inspection first for unpaid wages). Benefit graded medium by judgment: equal-pay gaps and harm size vary by person; there is no uniform figure.

Sources · 3

1. 全国人大常委会 (2012 修正). 劳动合同法（第五十八、六十、六十二、六十三、六十六、九十二条）. fgk.chinatax.gov.cn/zcfgk/c100009/c5193025/co…（国家税务总局政策法规库转载）；人力资源社会保障部 (2014). 劳务派遣暂行规定（人社部令第 22 号，第三、四、八、九、十、十二、十五、十七、二十七条）. gov.cn/gongbao/content/2014/content_2667613.htm
2. 全国人大常委会 (2007). 劳动争议调解仲裁法（第二十二、四十三条）. rsj.ankang.gov.cn/Content-2150407.html（安康市人力资源和社会保障局转载）；全国人大 (2020). 民法典（第一百七十八条）. 最高人民检察院转载全文 spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
3. 国务院 (2006). 诉讼费用交纳办法（国务院令第 481 号，第六、十三条）. gov.cn/ziliao/flfg/2006-12/29/content_483682.htm