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Vol.13 2010.3
HOT TOPIC
HR opinion to the draft amendment of the Labor Standards Law
The draft amendment of the Labor Standards Law is about to put restrictions on contingent staffing of 6 sectors: health care, security, aviation, navigation, public transportation drivers, and mining. The Council of Labor Affairs (CLA) would reexamine the relationship among "dispatched worker-dispatch agency-working enterprise" through this amendment.

According to a survey to 101 HR mangers in January by CHRMA(Chinese Human Resource Management Association), 84% HR manager agreed to the proposal that the working enterprise should share the responsibility as a employer with the dispatch agency. Employees could be protected from the dispute such as occupational injury or sexual harassment...etc.

64% HR managers opposed the proposal that working enterprise could not assign the particular dispatched worker from dispatch agency. 61% would probably transfer the dispatched employees into contractors or permanent staffs if the proposal is established.

The amendment also proposed that the number of dispatched workers should be less than 10% of the total company manpower and the agreement from the union is required; if the working enterprise doesn't have a union, the proportion could not exceed 30% and the agreement from Labor-management conference is required.

However, for those companies who currently use more than 8% dispatched manpower, over 70% opposed this proposal. They might use outsourcing manpower, transfer the dispatched employees into contractors or permanent staffs, or transfer the demand into overseas market to replace dispatched workers.

(Resource: Cheers magazine)
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