用工单位耍赖， 派遣单位可否不付工资？

If the labor-using unit is perverse, can the labor dispatching unit refuse to pay salary?

本案的争议焦点是劳务派遣中，用人单位是否可以依据与用工单位达成的协议，不向劳动者支付工资？

The focus of the dispute in this case is whether the employer unit has the right to refuse to pay wages to the employee according to the agreement concluded with the labor-using unit during labor dispatching.

2022.09.01

违反劳务派遣三性岗位，是否会被认定存在劳动关系?

Will the labor relations be recognized if the labor dispatch violates the regulations on temporary, auxiliary and alternative posts?

违反劳务派遣三性岗位，公司与派遣员工之间是否会被认定存在劳动关系？

Will the labor relations between an company and its dispatched employees be recognized if the labor dispatch violates the regulations on temporary, auxiliary and alternative posts?

2021.05.07

超龄”派遣是否属于劳务派遣?

Does "over-age" dispatch constitute labor dispatch?

请问招用退休人员的“超龄”派遣是否属于劳务派遣？

Does "over-age" dispatch of retirees constitute labor dispatch?

2021.04.29

劳务派遣员工在执行工作任务时造成他人损害，由谁承担侵权责任?

Who shall assume the tort liability for damages caused to others by some dispatched laborer who is performing a work task?

劳务派遣员工在执行工作任务时造成他人损害，谁来担责？

Who shall assume the tort liability for damages caused to others by some dispatched laborer who is performing a work task?

2020.05.07

违反劳务派遣三性岗位的规定，是否会被认定存在劳动关系?

Will it be recognized that there is a labor relation if the labor dispatch does not conform to the regulations for temporary, auxiliary and alternative posts?

劳务派遣不符合三性规定，是否会被认定为劳动关系？

Will it be recognized that there is a labor relation if the labor dispatch does not conform to the regulations for temporary, auxiliary and alternative posts?

2020.01.16

劳务派遣工转正式工之后工龄怎么计算?

How should the length of service be calculated upon the regularization of a dispatched worker?

员工以劳务派遣身份进入公司，两年后转为正式员工，工龄如何计算？

An employee joined the company as a dispatched worker and became a full-time employee two years later. How should the length of service be calculated?

2020.01.09

劳务派遣工有权享受带薪年休假吗?

Is a dispatched worker entitled to paid annual leave?

单位雇佣劳务派遣员工，是否需要给予带薪年休假？

Shall an employer give paid annual leave to a dispatched worker?

2019.06.06

员工在劳务派遣期间怀孕，可否将其退回劳务派遣公司?

If a dispatched worker becomes pregnant during the labor dispatching period, can we return her to the dispatching unit?

对于劳务派遣员工在劳务派遣期间怀孕，用工单位可否将其退回的问题，实践中有两种观点。

With regard to whether the accepting unit can return a dispatched worker who becomes pregnant during the dispatching period, there are two views in practice.

2018.02.08

劳务派遣的风险有哪些?如何规避?

What are the risks of labor dispatching? How can we mitigate?

请问劳务派遣的风险有哪些？怎么规避这些风险？

Would you tell me what are the risks of labor dispatching, and how to mitigate such

2017.10.25

单位采用劳务派遣方式用工时，应注意哪些问题?

What problems should arouse attention where an employer uses labor dispatching?

单位应注意三个方面的问题。

The said employer shall attach significance to the problems in three aspects.

2017.06.22

该劳务派遣协议有效吗?

Is the Labor Dispatching Agreement valid?

现我听说此派遣为逆向派遣合同，违反了法律、行政法规强制性规定，那么我与某派遣公司签订的《劳务派遣协议》是否有效？

Recently, I’ve heard that such dispatching is a reverse dispatching contract, and violates compulsory regulations in laws and administrative provisions. Whether the Labor Dispatching Agreement executed with the dispatching company is valid?

2016.11.17

员工关系思考之派遣用工转型

Reflection on Employee Relations – Transformation of Labor Dispatching

2014年3月1日，《劳务派遣暂行规定》正式实施，明确用工单位使用的被派遣劳动者数量不得超过其用工总量的10%。根据规定，劳务派遣用工将有2年过渡期。

On March 1, 2014, the Interim Regulations on Labor Dispatching was officially implemented. It explicitly stipulates that the number of dispatched employees of the employer shall not exceed 10% of the total staff. According to the regulations, labor dispatching has a two-year transition period.

2016.03.03

逆向劳务派遣如何认定?

How to identify reverse labor dispatching?

逆向劳务派遣，又称反向劳务派遣，即劳动者已经有了工作，用人单位却偏偏不与他签订劳动合同，而是找一家劳务派遣公司签订劳动力派遣合同，劳动者以派遣员工的名义从事劳动。《

Reverse labor dispatching is also called backward labor dispatching. That is to say, a laborer has already been employed and the employer does not sign the labor contract with him, but seeks a labor dispatching company to sign a labor force dispatching contract, and the laborer works in the name of a dispatched worker.

2015.12.10

劳务派遣用工转换

Labor dispatching conversion

新法对劳务派遣采取抑制的态度，对劳务派遣的适用岗位及比例已经做出明确的规定并已经颁布实施，短时间内不存在修订或废止的可能。

The new law takes a repressive attitude toward labor dispatching by expressly defining applicable posts and their proportion; since it has been promulgated and enacted, there is no way it will be revised or abolished within any short period of time. If companies do not make adjustments within the statutory period of time, they will surely be investigated and penalized by labor and administrative departments.

2015.11.26

如何正确使用业务外包?

How to use the business outsourcing properly?

派遣跟外包还有诸多不同之处：主体差异、关系差异、费用支付差异、管理差异等等。但是这些毕竟都只是表象，其实质劳务派遣购买的是劳动力，而外包则是劳动力创造的最终产品或者服务。

There are many differences between labor dispatch and outsourcing: the difference in respect of subject, relationship, payment of charges, and management etc. These are only superficial phenomenon after all. The essential difference lies in that people purchase labor force in case of labor dispatch while the product or service created by labor force in case of outsourcing.

2015.06.12