First of all, according to the provisions of the Labor Contract Law, the employment of labor dispatch is limited to the following three situations: first, if the employer needs to use labor dispatch personnel temporarily, the total amount shall not exceed 10% of the total number of employees in the unit; Second, due to the needs of production and operation, the employer fails to recruit the required technical, management or professional talents in time, and needs to use labor dispatch to solve the short-term employment demand; Third, when using foreign labor dispatch personnel to engage in temporary, auxiliary or other specific work.
Secondly, for the first case, that is, the temporary needs of the employer, the total number of labor dispatch personnel shall not exceed 10% of the total number of employees in the unit, mainly to protect the legitimate rights and interests of workers and avoid the imbalance of the labor market. In addition, the positions and contents of labor dispatch personnel in the employing unit should be substantially different from the existing employees of the employing unit to avoid unfair problems such as different pay for equal work.
Finally, it should be noted that although labor dispatch is an available supplementary form, it is not applicable to all enterprises and industries. For example, China clearly stipulates that it is forbidden to use labor dispatch in core business areas, important positions and special industries of enterprises in banking, insurance, securities, trusts, funds, futures, electric power, telecommunications, petroleum, natural gas, ports, aviation, railways, civil aviation and other industries, so as to maintain the security and stability of related industries and market order.
In short, China's labor contract employment is the basic employment form of enterprises, and labor dispatch employment can only be used as a supplement in the above three situations, and is subject to a series of restrictions and regulations to protect the rights and interests of workers, maintain market order and promote the harmonious development of society.