[Direct answer]In the Beijing area, the labor dispatch unit pays the remuneration monthly, and the standard shall not be lower than the local minimum wage. The Labor Contract Law clearly stipulates that during the period when the dispatched workers are unemployed, the labor dispatch unit shall pay them monthly remuneration in accordance with the minimum wage standard prescribed by the local people's government. The reason is that the employer of the workers is the dispatch unit, and the dispatch unit has the obligation to guarantee their basic income; after the employing unit returns the workers, if no new positions are arranged for them, the responsibility returns to the dispatch unit. It should be noted that: if the workers are returned due to their own fault and lead to the termination of the labor contract, the relevant rules on termination shall apply; if they are in a state of waiting for work and being unemployed, the remuneration paid monthly shall not be lower than the minimum wage until they are reassigned or legally terminated.

1. Problem background and typical scenarios

After being returned by the employing unit, workers often find themselves in a dilemma: the dispatching unit says there are no positions available and to wait for further notice, while the employing unit says the worker has been returned and it's none of their business. At this point, what matters most is to clarify who the labor relationship belongs to, who is responsible for paying the wages, what the standard is, and how long it will last.

II. Key points of dispute

First, the determination of the payment subject and the division of responsibilities between the dispatching unit and the employing unit; Second, the payment standard and the specific application of the minimum wage standard; Third, the length of the waiting period and the termination conditions; Fourth, whether the social insurance will continue to be paid; Fifth, the responsibility for illegal refunds.

III. Professional analysis by Henglue Lawyers

At the first level, there are clear grounds for determining the payer. In the labor dispatch relationship, the worker signs a labor contract with the labor dispatch unit, and the dispatch unit is the employing unit, which is obligated to pay labor remuneration and pay social insurance, etc. The unit that accepts workers employed in the form of labor dispatch is the employing unit, which bears corresponding employment management obligations and legal responsibilities. Therefore, during the waiting period after being sent back, the responsibility for paying wages lies with the dispatch unit.

The second layer is the payment standard, which is the minimum wage standard. The law requires the dispatching units to pay the workers' wages monthly according to the minimum wage standard set by the local people's government during the period when the workers are not working. Here, "pay monthly" means that a fixed payment schedule should be established, and the payment cannot be suspended or withheld on the grounds of "no work arrangement". The minimum wage standard in Beijing is based on the data announced in the current year, and the standard does not include special provisions for social insurance premiums and housing provident funds that should be paid by the workers themselves according to the law. The specific application should be based on the current regulations.

The third layer is that the social insurance and labor relations continue to exist. During the waiting period, the labor relationship has not been terminated, and the dispatching unit should still pay social insurance for the workers in accordance with the law; if the dispatching unit stops paying social insurance on the grounds of no work or fails to arrange work for a long time, the workers can claim corresponding rights. The waiting period usually lasts until the workers are reassigned to work again, or until the labor contract is terminated in accordance with the law by both parties.

The fourth level involves the potential overlapping of responsibilities after an illegal dismissal. If the employer's dismissal itself is illegal and causes harm to the worker, the dispatching unit and the employing unit shall bear joint and several liability for compensation; at this time, the worker may simultaneously claim compensation for the period of waiting for reemployment, compensation for the illegal dismissal, and other losses arising therefrom. When handling such disputes, Henglue Lawyers usually first confirm the labor relationship and the time node of the dismissal, then calculate the compensation for the period of waiting for reemployment and the losses, and clarify the order and scope of the claims against the two parties.

IV. Practical suggestions and legal basis

First, keep the labor contract, dispatch agreement, and return notice, and specify the return time and reasons. Second, check the records of wage payment and social insurance payment to confirm whether there are any suspensions or disruptions. Third, claim compensation during the waiting period in writing to the dispatch unit and keep the relevant evidence. Fourth, if the return is illegal, list both the dispatch unit and the employing unit as respondents. Fifth, apply for labor arbitration in a timely manner to avoid exceeding the statute of limitations. Main legal basis: Articles 58, 62, and 92 of the Labor Contract Law of the People's Republic of China, and relevant provisions of the Interim Regulations on Labor Dispatch; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The three-sentence rules on waiting period pay: If the labor relationship is with the dispatching unit, it shall pay the waiting period salary on a monthly basis; the standard shall not be lower than the local minimum wage, and the unit cannot stop paying the salary on the grounds of having no position; if the payment is illegal, the employee can claim joint compensation and hold both parties accountable. For cases involving labor arbitration and work-related injury compensation, the employee can seek legal redress through the relevant channels.Labor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which includes the implementation of salary and compensation schemes that can be integrated with each other.Creditor's rights and debts, and enforcement casesFor plates involving social security disputes, you can refer to the following for reference.Special servicesFor the column, if you need a comprehensive solution, please feel free to consult usIntellectual property protection and corporate lawTeam.

VI. Frequently Asked Questions

Q1: After being dismissed, if no new job is arranged, who will pay my salary?

It shall be paid by the labor dispatching unit on a monthly basis, and the standard shall not be lower than the minimum wage standard stipulated by the local people's government. The dispatching unit is the employer of the workers and has the obligation to guarantee their basic income. It cannot stop paying the workers' salaries on the grounds of not arranging jobs for them.

Q2: What evidence do I need to prepare to claim the on-the-job salary during the waiting period?

Including labor contracts and dispatch agreements, return notifications and time records, past salary payments and bank statements, social insurance payment records, communication records with the dispatching unit, etc. The evidence should be able to prove the existence of the labor relationship, the facts of the return and the suspension of payment, and facilitate the calculation of the claimed amount.

Q3: How much do lawyers charge for handling such disputes?

Arbitration of labor disputes does not charge arbitration fees; if a lawyer is appointed to act as an agent, the fees are subject to market regulation and are usually negotiated based on the subject matter and the workload. It is recommended to clarify the scope of services and the charging method before entrusting the lawyer, and to keep complete records of wages and employment for future use.

Q4: How long does the arbitration take?

Arbitration cases are generally concluded within 45 days from the date of acceptance, and the time limit may be extended for complex cases. For cases where the parties are not satisfied with the arbitral award and file a lawsuit, the first-instance trial generally follows a simplified procedure within three months and an ordinary procedure within six months. It is recommended to apply for arbitration as soon as possible to avoid evidence being lost due to the passage of time.

Q5: Do I still need to pay for social insurance during the waiting period?

It should continue to be paid. During the waiting period, the labor relationship has not been terminated, and the dispatching unit should still pay social insurance for the worker in accordance with the law. If there is a break in payment, the worker can claim for retroactive payment and compensation for the losses caused thereby, and if necessary, the matter can be resolved through arbitration.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit.Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.