What are Day Laborers?

Broadly refers to workers employed informally in the workplace, usually paid at a rate of one hundred to several hundred dollars a day for eight hours of daily work. Temporary workers also do not enjoy the benefits of pensions and minimum monthly wages like regular workers. Temporary workers are divided into two categories: contracted employees and manpower dispatch. The purpose of hiring temporary workers is to deal with short-term additional work. For example, because long-term workers take maternity leave, temporary workers are hired as replacements.

[lín shí gng]

Pronunciation: lin shi gong

Aka :

What exactly is a temporary worker? What is its true living condition? How to treat the "temporary labor phenomenon"?

"Temporary workers", a familiar term in the era of the planned economy, a form of employment that does not exist in the legal sense, now exists in a large number of industries and triggers the "temporary worker phenomenon." In some emergencies involving government departments and enterprises and institutions, "temporary workers" often become the last responsible persons.

Researcher, Chinese Academy of Social Sciences

A large number of temporary workers have brought many disadvantages to economic and social development. Temporary employment is unstable, and may be fired at any time, and it is difficult to protect the rights and interests of workers; without insurance, no one is responsible for work-related injuries; dual pay for equal work with different pay, and dual-track employment are not conducive to social equity, justice, harmony and stability. For enterprises, hiring temporary workers seems to reduce labor costs, but each time a temporary worker is hired, it means that training needs to be started from scratch, and training costs are virtually increased; coupled with the fact that most temporary workers are unskilled workers, it is difficult to guarantee work Quality is obviously detrimental to the long-term development of enterprises.

On the other hand, temporary workers are apt to become a channel for evading responsibilities from related parties. These things may indeed be done by temporary workers because they have no long-term awareness and are difficult to promote social progress.

How to protect the rights and interests of temporary workers and prevent the phenomenon of temporary workers? Shi Xiuyin suggested that, first of all, the relevant provisions of the Labor Contract Law should be strictly enforced, labor contracts should be signed and the contract period should be agreed, and at the same time, the cost of breach of contract should be increased and the punishment should be increased. Secondly, with regard to the abuse of temporary workers in the form of labor dispatch, the state should further clarify which positions are auxiliary and can use temporary workers, and the temporary use period is limited to how long. In addition, it should be clear which areas of government agencies are not allowed to hire temporary workers.

Many employees or temporary workers who are not in the establishment are very envious of the benefits enjoyed by the employees in the establishment, thinking that they can enjoy various benefits when they can make it through their early years. In fact, should the benefits be different between the staff and temporary workers? Let me talk about this issue next.

Wu is a logistics employee in a management office in Shouguang City. He has been working for 8 years. Seeing other colleagues taking paid annual leave, Wu also took the courage to apply for leave to the unit leader, but the leader said that all the employees who enjoy the vacation are the official staff of the unit, which is the welfare of formal workers. Wu is only employed by the unit. Temporary workers are not eligible for annual leave. In this regard, Wumou reported to the local human resources and social security departments.

The Human Resources Department pointed out that the unit's approach was wrong. First, Article 2 of the Labor Contract Law stipulates that: State agencies, public institutions, social organizations, and workers who establish labor relations with them shall conclude, perform, modify, terminate or terminate labor contracts in accordance with this Law. Therefore, although Wu has no so-called formal establishment, it has formed a labor relationship with the unit and belongs to a worker in the unit. Second, the General Office of the Ministry of Labor's "Reply to the" Instructions on Temporary Workers and Other Issues "" (Labour Office [1996] No. 238) stipulates that after the implementation of the Labor Law, all employers and employees will fully implement the labor contract system. The rights enjoyed by various types of employees in employers are equal. Therefore, in the past, the names of temporary workers relative to regular workers no longer exist. If an employer is employed in a temporary position, it shall sign a labor contract with the employee and pay various social insurances according to law, and enjoy the relevant insurance benefits, but there may be differences in the term of the labor contract. Therefore, there is no legal basis for the so-called "temporary workers" of unit leaders not to enjoy the benefits of formal workers. Thirdly, Article 2 of the Regulations on Annual Leave for Employees with Paid Years stipulates that employees of institutions, groups, enterprises, institutions, private non-enterprise units, and individual industrial and commercial households with hired workers who have worked continuously for more than one year are entitled to paid years Vacation. The unit shall ensure that employees enjoy annual leave. The purpose of the State s enactment of the paid annual leave regulations is to protect the rights of all types of employees to rest and rest, and to fully mobilize the work enthusiasm of the majority of employees. The regulations provide extensive coverage to various types of employers, because the right to rest is a civil right stipulated in our Constitution. Therefore, workers should enjoy equal rights. As a worker in the unit, Wu has the full right to annual leave.

Coordinated by the Human Resources and Social Security Department, the unit improved the employee vacation system and approved Wu's application for vacation. ^[2]

"A temporary worker must be defined. This is a name. A temporary worker cannot be a shield for some administrative departments." Wei Huangxiong, a sophomore in law at Zhejiang University of Science and Technology, has been exposed to the "temporary" after two years of law. "Workmen."

"Temporary workers" frequently appear in the public eye. Two temporary workers were fired in the "Cottage 120 Incident" in Wenzhou, Zhejiang Province; Yan'an City was wounded, and the temporary workers were suspended; 20,000 tons of grain at the China Grain Lindian Grain Depot went overboard, directly losing nearly 100 million yuan, and the investigation results indicated that the supervision of temporary workers was unfavorable ... How many temporary workers are hidden in the executive? In order to answer the questions in his mind, Wei Huangxiong downloaded the government information disclosure application form from the Ministry of Human Resources and Social Affairs, filled it out in real name and sent it. He was wearing a hand-painted shirt with "I'M NOT temporary workers" painted on his chest, one hand holding the courier slip containing the application form, and the other hand holding the slogan "Applicant's Department of Public Temporary Worker Information", and frowned. Wei Huangxiong's photo was posted on Weibo, which caused heated discussion.

Wei Huangxiong said that after consulting a large number of laws and regulations, he could not find a definition of "temporary workers". After the implementation of the "Labor Contract Law" in 1995, the concept of temporary workers no longer exists; meanwhile, the promulgation of administrative regulations also It shows that law enforcement must be legally authorized, and that these so-called "temporary workers" laws recruited by some administrative departments have not granted them law enforcement powers, and they have exceeded their powers.

To this end, Zheng Guanjun, director of Zhejiang Wushan Law Firm, agreed with Wei Huangxiong's views. China's "Labor Contract Law" does not have the concept of temporary workers. According to the law, employers should sign labor contracts with employees. It is not temporary workers who sign labor contracts, illegal employment if they do not sign contracts, and the term temporary workers is repeatedly misused.

Zheng Guanjun believes that these so-called temporary workers who do not have law enforcement powers have caused trouble during the law enforcement process, so the administrative agency that hired them should be held responsible for this, rather than putting all responsibility on the temporary foreman. As a matter of fact, these temporary workers are just non-staffing staff who have signed contracts with administrative agencies. If there are problems in management, the employer should be responsible. ^[3]