Labor dispatch, also known as talent dispatch, is a labor contract signed by the labor dispatch company and workers, and sent to other employers to work. At present, many enterprises and institutions in Jinan adopt the labor dispatch mode to help reduce the cost of recruitment and management. Today, Zhongxin Chuangzhi Xiaobian focuses on the risks in the legal relationship of labor dispatch as an employer?

1.劳务派遣工与正式员工享受同工同酬原则

1. Dispatched workers and regular employees enjoy equal pay for equal work

济南劳务派遣工应享有与同岗位正式员工同工同酬的权利。

Jinan labor dispatch workers should enjoy the right of equal pay for equal work with regular employees in the same position.

用工单位应对从事相同岗位、相同工作、取得相同工作业绩的劳务派遣工人支付同能的劳动报酬与福利待遇，不可与正式员工区别对待。

The employing unit shall pay the same labor remuneration and welfare treatment to the dispatched workers who are engaged in the same position, work and achieve the same performance, and shall not be treated differently from the regular employees.

2.劳务派遣工适用于临时性、辅助性、替代性的岗位

2. Dispatched workers are suitable for temporary, auxiliary and alternative posts

临时性的工作岗位，强调时间短暂、非长期性的工作，要求时间不超过6个月。辅助性工作岗位，是指非企业的主营业务岗位，目的是为企业的主营业务提供支持与帮助。替代性工作岗位是指企业正式员工因自身原因休假期间，在其岗位临时替代工作的岗位。

Temporary jobs, emphasizing short-term, non long-term work, require time not more than 6 months. Auxiliary jobs refer to the main business jobs of non enterprises, which are designed to provide support and help for the main business of enterprises. Alternative jobs refer to the positions in which regular employees temporarily replace their jobs during their vacation due to their own reasons.

3.劳务派遣员工数量不得用工总量的10%

3. The number of dispatched workers shall not exceed 10% of the total amount of employment

4.用工单位不能随意退工

4. The employer can't quit at will

用工单位不得随意解雇员工，如劳务派遣人工存在下列情形之一，可退工：

The employing unit is not allowed to dismiss the employee at will. If the dispatched worker has one of the following situations, he can quit the work:

1、在试用期间被证明不符合录用条件的；

1. Being proved not to meet the employment conditions during the probation period;

2、严重违反用人单位的规章制度的；

2. Seriously violating the rules and regulations of the employing unit;

3、严重失职，营私舞弊，给用人单位造成重大损害的；

3. Serious dereliction of duty, engaging in malpractice for personal gain, causing great damage to the employing unit;

4、劳动者同时与其他用人单位建立劳动关系，对完成本单位的工作任务造成严重影响，或者经用人单位提出，拒不改正的；

4. A laborer establishes a labor relationship with another employing unit at the same time, which seriously affects the completion of his own tasks, or refuses to make corrections upon the proposal of the employing unit;

5、以欺诈、胁迫的手段或者乘人之危，使对方在违背真实意思的情况下订立或者变更劳动合同致使劳动合同无效的；

5. To make the other party conclude or change the labor contract against the true intention by means of fraud, coercion or taking advantage of the other party's danger, thus making the labor contract invalid;

6、被依法追究刑事责任的。

6. Being investigated for criminal responsibility according to law.

7、劳动者患病或者非因工负伤，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安排的工作的；

7. The laborer is sick or injured not due to work, and is unable to engage in the original work or the work arranged by the employing unit after the expiration of the prescribed medical treatment period;

8、劳动者不能胜任工作，经过培训或者调整工作岗位，仍不能胜任工作的；

8. The laborer is not competent for the work, and is still not competent for the work after training or adjusting the post;