The Social Security Fee Of The Dispatcher Is Paid By The Sending Unit.

Last year, I went to a job description company with labor dispatch qualifications to find a job. They recommended me an engineering company.

After that, the company agreed to sign a two-year labor contract with me with my employment agency.

During my work, the employment agency didn't give me social insurance. Later I asked them to pay for me, but they said they should be paid by the employing unit.

The engineering technology company also said that I was a dispatched worker and had to find an employment agency to solve it.

What should I do?

Lawyer answer:

According to the fifty-ninth provision of the labor contract law, the dispatched labor dispatching unit shall conclude a labor dispatching agreement with the units receiving employment in the form of labor dispatch.

The agreement shall stipulate the number and time of dispatch, the number of dispatched staff, the remuneration for labor and social insurance, the way of payment and the responsibility for violating the agreement.

Labor dispatch

"Article eighth stipulates that the labor dispatching units have the obligation to pay the social insurance premium for the dispatched workers according to the stipulations of the state and the labor dispatching agreement, and handle the relevant procedures of social insurance.

Therefore, your social security fee should be paid by the employment agency.

Now that the unit fails to fulfill the obligation of payment, you may consult with it, or reflect it to the social security inspection department in the area where the company is located, so as to safeguard your legitimate rights and interests.

Related links:

A business trip may not be or seldom happens to many workers, and it is unclear or not clear about the door and road.

However, for some workers who are engaged in engineering, insurance, sales or cross provincial business, traveling is a common matter.

In individual enterprises, "business trip" has become an implicit means to infringe upon the rights and interests of employees.

From the complaints that the reporters wrote, no matter "Mr. Zhang, a security officer who is going to be away on a business trip for two years", or Xiao Li, an engineer who works on a business trip for 365 days and more than 200 days a year, is still a financial lady who has all sorts of subsidies to talk about.

All these workers have such difficulties or doubts, but they are faced with almost the same answer: they must go, not go...

Therefore, these complainants feel that "business trip" has become a means for enterprises to force themselves or to resign themselves. It is not a big problem on the surface, but it is actually a soft knife.

After a reporter's investigation, it was found that the protection of the rights and interests of employees on the "business trip" is soft in the law itself, which also gives the individual business operators an opportunity.

From the perspective of relevant laws, no matter whether the length of travel time or the frequency of business trips, or the amount of subsidies to go abroad, there is no clear reference standard and regulations.

Of course, arrangements for workers to travel business is the scope of independent management of enterprises, the industry is different, the nature of the work is different, the effectiveness of different enterprises, it is difficult to formulate a unified standard.

However, it does not mean that enterprises can let themselves go.

After the investigation, the reporters also put forward several countermeasures, for example, some enterprises or jobs that are easy to involve in business trips. The labor contracts are drawn up more finely, and some relevant agreements are added.

For example, there are more industry intervention in related industry associations to effectively formulate industry norms to limit them.

These have given us the train of thought and direction for solving problems.

The key to breaking the soft infringement caused by "business trip" is that the relevant laws and regulations can not always be "on the road".