[Direct answer]In the Beijing area, labor dispatch units are the employing units primarily responsible for workers, while the employing units assume obligations related to the actual workplace. In the event of harm to workers, both parties shall bear joint and several liability for compensation. According to Article 58 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012 and implemented since July 1, 2013), labor dispatch units, which are defined as employing units in this law, shall conclude written labor contracts, pay monthly wages, and pay social insurance premiums. Dispatched workers shall receive monthly wages not lower than the local minimum wage during periods of no work. Article 62 stipulates that employing units shall provide working conditions and labor protection, pay overtime wages and performance bonuses, etc. Article 92 provides that in the event of harm to dispatched workers, the labor dispatch unit and the employing unit shall bear joint and several liability for compensation. Work-related injury liability shall be borne by the dispatching unit. It is recommended to distinguish the subjects of obligations corresponding to the claims and refer to the relevant provisions for reference.Work-related injuriesColumn.

I. Problem Background and Typical Scenarios

Such questions often arise in several situations: first, when workers are owed wages and don't know whether to approach the dispatching company that pays their salaries or the employing unit that arranges their jobs; second, when work-related injuries occur at the employing unit's site and it's unclear who should report the injury and who should bear the compensation responsibilities; third, when workers are sent back without jobs and their remuneration goes unpaid; fourth, when the two units shift the blame to each other and it's unclear who should be listed as the respondent in the arbitration stage. When handling similar cases in the Beijing area, responsibilities are usually allocated according to the framework of "contractual obligations for the dispatching unit, on-site obligations for the employing unit, and joint and several liability for damages". For compensation for on-site injuries, reference can be made to the relevant provisions.Personal injury and medical disputesColumn.

II. Key points of contention

Focus One: Division of Obligations. The dispatching unit is responsible for signing labor contracts, paying remuneration, and making social insurance contributions, as well as providing severance compensation upon termination. The employing unit is responsible for labor conditions, labor protection, job training, overtime pay, and performance-based benefits. Focus Two: Liability for Work-Related Injuries. According to Article 10 of the Interim Regulations on Labor Dispatch (Decree No. 22 of the Ministry of Human Resources and Social Security, effective March 1, 2014), if a dispatched worker suffers an accident-related injury at the employing unit, the dispatching unit shall apply for work-related injury identification and assume work-related injury insurance responsibilities in accordance with the law. The employing unit shall assist in the investigation and verification of the case, and the two parties may agree on compensation methods. Focus Three: Scope of Joint Liability. The two parties shall bear joint liability for any damages caused to the worker, such as wage arrears and benefit losses due to unpaid social insurance. Focus Four: Legality of Return and Termination. Focus Five: Minimum Wage Guarantee During Unemployment Periods. Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, the key to determining the liability for dispatched employment lies in examining the substance of the employment relationship rather than just the contract form. Common scenarios include: 1. The dispatching company has low registered capital and no actual solvency, resulting in unsuccessful enforcement against the employer after the worker wins the case. In such cases, it is more prudent to include the employing unit in the liability scope based on joint and several liability. 2. When the so-called "outsourcing" is actually disguised dispatching, where the employing unit disguises direct management under the guise of business outsourcing, courts in practice determine the dispatching relationship based on factors such as the hiring entity, management and command, and compensation payment. 3. After a work-related injury occurs, the dispatching unit and the employing unit fail to reach clear agreements on compensation methods, leading to mutual shirking of responsibility and rendering the worker's rights protection process futile. In judicial practice, the party who actually benefits from the labor and controls the labor process should bear corresponding responsibilities. The application of joint and several liability requires actual damage to have occurred, and the claimant should clarify the content and basis of the damage. A common pitfall is suing only one unit and failing to include the joint and several liable parties, leading to unsuccessful enforcement and the need for separate arbitration or litigation, doubling the time and effort required.

IV. Practical suggestions and legal basis

Action suggestions: First, identify the obligated parties corresponding to the claims. For wages, social insurance, and compensation, the dispatching unit should be held accountable; for overtime pay and labor protection issues, the employing unit can also be held responsible. Second, if claiming damages, list both units as respondents and explicitly request joint liability. Third, in the case of work-related injuries, the dispatching unit should apply for work-related injury identification. If the employing unit refuses to cooperate, preserve evidence of its failure to provide labor protection. Fourth, retain recruitment information, management records, and payment receipts to determine the actual employer. Fifth, if the dispatching company is dissolved or goes missing, directly hold the employing unit liable for joint responsibility. Legal basis: Article 58 and Article 62 of the Labor Contract Law of the People's Republic of China respectively stipulate the obligations of the dispatching unit and the employing unit; Article 92 stipulates joint liability for compensation; Article 10 of the Interim Regulations on Labor Dispatch stipulates the subject of responsibility for work-related injury insurance and the obligation to assist.

5. Henglu Law Firm's Reminder

Risk Alert: Firstly, the principle of "who hires, who is responsible" does not mean that the employing unit should bear all responsibilities. The basic obligations still lie with the dispatching unit. If the claim is directed against the wrong party, it is likely to be dismissed. Secondly, joint and several liability is based on the occurrence of damage. The right of claim for wage disputes and work-related injury compensation have different bases, so they need to be claimed separately. Thirdly, the risk of dispatching companies becoming shell companies is high. Winning the lawsuit does not necessarily mean getting the money. It is more secure to lock in the property clues of the employing unit when applying for arbitration. Fourthly, the arbitration statute of limitations is one year. If the parties choose to delay, the statute of limitations will expire. It is recommended to sort out the employment chain as soon as possible and seek legal advice.Beijing Henglue Law FirmThe same type of column on the official website.

VI. Frequently Asked Questions

Q1: Is it easier to get paid by the dispatching unit or the employing unit?

It is recommended that both parties make the claim together. The dispatching unit is the statutory employer, and it bears basic obligations such as paying wages, providing social insurance, and making economic compensation. If the worker suffers any damage, according to Article 92 of the Labor Contract Law of the People's Republic of China, the dispatching unit and the employing unit shall bear joint and several liability for compensation. In practice, the dispatching company often has weaker repayment ability. By listing the employing unit as a respondent and claiming joint and several liability, the enforcement rate is significantly higher. The specific scope of responsibility shall be subject to the interpretation of the arbitration tribunal.

Q2: What evidence do I need to prepare?

The following items should be prepared: the labor contract with the dispatching unit; bank statements of wages and social insurance payment records to prove the compensation and employment relationship with the employing unit; work badges, attendance records, work group records, and recruitment information to prove that the employee actually worked at the employing unit; separate documents of the work-related injury identification decision and the labor capacity assessment conclusion; written notifications of dismissal or return to work; and chat records. The evidence should cover three aspects: the contract subject, actual employment, and the fact of damage.

Q3: How much does it cost to litigate such cases?

Labor arbitration is free of charge, and the first-instance litigation fee is 10 yuan per case, which is very low in cost; the attorney's fee is determined by negotiation based on the complexity of the case and whether it involves work-related injuries and joint and several liability, with no unified standard. In the case of work-related injuries, you can apply for preliminary enforcement according to law to alleviate the pressure of medical treatment and living expenses. The overall cost is manageable. It is recommended to first sort out your claims and evidence, and then consult a professional lawyer about the way of entrustment and budget.

Q4: How long will it take to solve this problem?

According to Article 43 of the "Mediation and Arbitration Law of Labor Disputes of the People's Republic of China" (effective May 1, 2008), labor arbitration should be concluded within 45 days after acceptance, and the time limit may be extended by 15 days for complex cases. If one party refuses to accept the arbitration award and files a lawsuit, the first-instance ordinary procedure generally lasts no more than six months, and the second-instance procedure lasts about three months. The enforcement period depends on the other party's financial situation. In cases where two units are joint respondents, the fact review takes a little longer, but the procedure itself is not extended. The whole process usually takes about three to six months to complete smoothly.

Q5: How exactly should I make my claim?

The first step is to distinguish the obligated parties according to the claims: the claims for wages, social insurance, and compensation are directed at the dispatching unit, and the claims for damages are jointly asserted against both the dispatching unit and the employing unit. The second step is to apply for arbitration to the arbitration committee at the place of performance of the labor contract or the location of the employing unit, listing the dispatching unit as the respondent and the employing unit as a joint claimant as needed. The third step is to specify the amount of the claim and the calculation basis. The fourth step is to complete the identification and appraisal of the work-related injury before asserting the benefits. The fifth step is to apply for compulsory enforcement promptly if the losing party fails to fulfill the obligation. For cases involving labor arbitration, you can refer to the relevant provisions for reference.Work-related injuriesColumn.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 public 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. If you encounter disputes, please consult a practicing lawyer in time.