[Direct answer]In the Beijing area, the law does not grant dispatched workers the right to demand mandatory conversion to regular employees. Whether they can be converted into regular employees of the employing unit depends on the employing unit's willingness to hire and the position arrangement. However, the rights and interests of dispatched workers are clearly protected: According to Article 63 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012, and implemented on July 1, 2013), dispatched workers enjoy the right to equal pay with regular workers of the employing unit; Article 66 stipulates that labor dispatch can only be implemented in temporary, auxiliary, or substitute work positions. In practice, dispatched workers who have worked steadily in the same position of the employing unit for a long time, performed well, and whose positions are permanent, have a realistic opportunity to strive for direct hiring and conversion into employees who establish labor relations with the employing unit.

I. Problem background and typical scenarios

Such expectations are common in several situations: First, dispatched workers who have worked in the same employing unit for many years and perform the same duties as regular employees but receive different pay, hoping to convert their status; Second, when the employing unit reduces its scale, it first terminates the dispatched workers, and the employees hope to stay on as regular employees; Third, the employing unit encourages dispatched workers with the promise of "conversion to regular status if they perform well," but fails to fulfill this promise; Fourth, the dispatching unit and the employing unit shirk responsibility and the employees have no way to protect their rights; Fifth, the position is actually fixed for a long time, and there is a suspicion of evading the obligation of direct employment by using the form of dispatching. When handling similar cases in the Beijing area, the focus is on reviewing the nature of the position and the actual employment facts, and the following can be referred to for reference:Work-related injuriesColumn.

II. Key points of contention

Focus 1: Whether the request for regularization is a claimable right. The law does not stipulate a mandatory right to regularization, so it's difficult to directly claim the performance of a simple regularization promise, but it may form the basis for other claims. Focus 2: Implementation of equal pay for equal work. Differences in compensation and benefits for the same position and equivalent performance can be claimed as compensation for the difference. Focus 3: Identification of false outsourcing and actual dispatching or excessive use of dispatching. Focus 4: Legality of return and termination. The employer's return must comply with statutory circumstances. Focus 5: Limitation on the proportion of dispatching workers, which shall not exceed 10% of the total number of workers. Focus 6: Conditions for signing non-fixed-term labor contracts and calculation of continuous work years. Specifically, the above content is subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of lawyers from our firm in handling labor disputes, the disputes over the conversion of dispatched workers to regular employees are mainly focused on two points: the fulfillment of promises and differences in treatment. Common scenarios include: the employing unit verbally promising "conversion to regular employees after working for a certain number of years" during recruitment or daily management, but lacking written evidence, making it difficult to assert rights afterwards; after the expiration of the dispatch contract, the employing unit replaces the dispatch company and continues to use the same batch of workers, artificially cutting off the length of service, affecting the calculation of economic compensation and the signing of non-fixed-term contracts; regular employees in the same position receive year-end bonuses and subsidies, while dispatched workers receive none, constituting a dispute over equal pay for equal work. Lawyers from our firm usually advise employees to preserve their work badges, attendance records, pay slips, shift schedules, and job descriptions to prove the actual employment facts and job stability; for clear conversion promises, they should strive to obtain written documents or chat records; for obvious differences in treatment, they should first communicate with the dispatch unit and the employing unit in writing, and if no agreement is reached, they should apply for labor arbitration and base their claims on complete evidence.

IV. Practical suggestions and legal basis

Action recommendations: 1. Check whether the dispatching unit has the qualification to operate labor dispatch services, and whether the labor contract has been signed on schedule and social insurance premiums have been paid. 2. Collect evidence of fixed positions and work experience, such as attendance records, work emails, employee badge photos, and previous contracts. 3. When claiming equal pay for equal work, gather clues about the salary structure of regular employees in the same position. 4. If you encounter illegal return or termination, apply for labor arbitration promptly. Note that the arbitration time limit is one year, starting from the date you or should have known that your rights have been infringed. 5. To strive for permanent employment, you can first apply for the position through the internal recruitment channel of the employing unit to achieve a direct conversion of your status. Legal basis: Article 58 of the Labor Contract Law of the People's Republic of China stipulates that the dispatching unit is an employer and should fulfill the obligations of an employer towards workers. Article 63 stipulates the right to equal pay for equal work, and Article 66 stipulates the limits of the temporary, auxiliary, and substitute nature of dispatching positions. Article 4 of the Interim Regulations on Labor Dispatch (effective March 1, 2014) stipulates that the proportion of dispatched workers shall not exceed 10% of the total number of employees. For relevant documents and procedural points, please refer to the following sources:Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: First, if there is no written document for the promotion commitment, it will be difficult to assert claims. Chat and email records should be preserved during communication. Second, one should be cautious before resigning voluntarily. Unless there are statutory circumstances, voluntary resignation will result in the loss of claims for economic compensation. Third, if the dispatching unit fails to arrange a new position within a reasonable period after the return, the dispatching unit should still pay the employee a monthly salary no lower than the local minimum wage and cannot ignore the issue. Fourth, the arbitration statute of limitations is one year. Delaying may lead to the expiration of some claims. It is recommended to consult as soon as possible.Beijing Henglu Law FirmOn the official website, there is a similar column that evaluates the parallel plan for applying for regular status and seeking rights and remedies.

VI. Frequently Asked Questions

Q1: Can dispatched workers require the employing units to convert their contracts to regular employment contracts?

It cannot be enforced. The current law does not stipulate the right of dispatched workers to be forcibly regularized, and whether the employing units directly hire them is within their autonomy of employment. However, dispatched workers enjoy the right to equal pay for equal work. If the position is fixed for a long time and exceeds the scope of temporary, auxiliary, and substitute work, they can claim corresponding responsibilities for illegal dispatching. Regularization should be achieved through written commitments or direct hiring through internal recruitment. It is recommended to first fix the evidence of the commitment and then proceed with negotiations.

Q2: What evidence should be prepared when striving for a permanent position or claiming compensation for unfair treatment?

The following should be prepared: the duration of the labor contract and the dispatch agreement, and proof of continuous dispatch period; attendance records, work badges, shift schedules, and work emails, to prove the actual employment position and stability; pay slips and bank statements, to prove the salary level; clues to the differences in treatment between regular employees in the same position; chat records, emails, or meeting minutes of the promise of conversion to a regular employee. The more complete the evidence is, the greater the initiative in negotiation and arbitration.

Q3: How much does it cost to protect one's rights through arbitration?

Labor arbitration is free of charge, which is an important institutional guarantee for workers to safeguard their rights. If a lawyer is engaged to represent them, the fees will be determined through negotiation based on the complexity of the case and the amount of the claim; the case acceptance fee in the subsequent litigation stage is relatively low, and the overall cost can be controlled. Compared with the amount of the dispute, the key costs are time and effort. It is recommended to first attempt to resolve the dispute through written negotiation, trade unions, and labor supervision channels, and then apply for arbitration if unsuccessful.

Q4: How long does it take from applying for arbitration to obtaining the result?

The arbitration tribunal shall conclude the case within 45 days from the date of acceptance. If the case is complex, it may be extended by no more than 15 days upon approval. Most cases can issue a ruling within two months. If a party is not satisfied with the ruling, he/she may file a lawsuit with the people's court. The first-instance ordinary procedure generally does not exceed six months. For cases such as claiming labor remuneration, if the conditions are met, the party may apply for provisional enforcement. Note that the statute of limitations for arbitration is one year, so it is advisable to apply as soon as possible.

Q5: What should I do after being returned by the employing unit?

The first step is to require the dispatching unit to handle the matter in accordance with the law. If the return of the worker does not fall under the statutory circumstances, the labor relationship shall remain with the dispatching unit and the dispatching unit shall not directly terminate it; the second step is that during the period of no work, the dispatching unit shall pay the worker's remuneration at a monthly rate not lower than the local minimum wage; the third step is that if the dispatching unit illegally terminates the labor contract, the worker may claim the continuation of the contract or compensation; the fourth step is that if no agreement can be reached through negotiation, the worker may apply for arbitration in a timely manner and refer to the relevant provisions for reference.Work-related injuriesColumn.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 Henglu 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. If a dispute arises, please consult a practicing lawyer in time.