[Direct answer]In the Beijing area, dispatched workers are entitled to the same pay as regular workers in the employing units according to law. According to Article 63 of the Labor Contract Law of the People's Republic of China (effective July 1, 2013), dispatched workers have the right to receive the same pay as workers in the employing units, and the employing units shall implement the same labor remuneration distribution methods for similar positions; Article 92 stipulates penalties for illegal dispatching. To determine whether there is equal pay for equal work, it is necessary to compare whether the job content, workload, performance, and distribution rules are substantially the same. If the employing units use dispatching to reduce the pay or implement differentiated distribution, the dispatched workers may request to make up the difference and file a complaint or apply for arbitration. It is recommended to compare the salary slips of the same positions, retain the dispatching agreements and salary records, claim rights according to law, and seek legal advice when necessary.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

Many workers sign labor dispatch contracts, but are assigned to positions identical to those of regular workers, doing the same work but receiving lower wages, fewer bonuses, and fewer benefits. Typical scenarios include: the employing unit offering the same post's regular workers a thirteenth-month salary, holiday benefits, and year-end bonuses, but none of these for the dispatched workers; the dispatching unit deducting management fees from the workers' wages, resulting in lower actual pay; and the employing unit refusing equal promotion and training opportunities on the grounds of the workers' "dispatch status". The root cause of such problems lies in the fact that dispatching is used as a tool to reduce costs, rather than a temporary, auxiliary position supplement. For issues involving dispatching agreements and employment management, reference can be made to the relevant provisions of the Labor Contract Law and other related laws and regulations.Business and contract dispute services for enterprisesClarify the validity of the agreement.

II. Key points of contention

The controversy focuses on three points. Firstly, the determination of "equal work": whether it involves the same position, responsibilities, and performance, which requires comprehensive judgment based on the job description, actual work arrangements, and performance evaluations, rather than simply looking at the job title. Secondly, the scope of "equal pay": whether bonuses, allowances, subsidies, and benefits are included in addition to the basic salary. The law favors overall equality. Thirdly, the subject of responsibility: both the dispatching unit and the employing unit are obligated to ensure equal pay for equal work, and the dispatching agreement must not stipulate remuneration lower than the standard for regular employees. For the retrieval of salary evidence across different units, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesFixed evidence.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling labor dispute cases, the difficulty in protecting the rights of dispatched workers lies in the asymmetry of evidence: the employer's salary system and the pay slips of regular workers are often in the hands of the other party. Lawyers usually first assist workers in sorting out the dispatch chain and clarifying the respective obligations of the dispatching unit and the employing unit. Then, in accordance with Article 63 of the Labor Contract Law, they require the employing unit to provide the salary system and distribution methods for the same position, and, if necessary, apply to the labor arbitration tribunal to order the submission of relevant materials. For cases where the remuneration agreed in the dispatch agreement is lower than the standard for regular workers, it can be claimed that the agreement is invalid due to its violation of the mandatory provisions on equal pay for equal work. For cases involving cross-regional dispatch salary benchmarks, it can be followed up accordingly.Special services and other case servicesComprehensive evaluation.

IV. Practical suggestions and legal basis

The core basis is 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) (the right of dispatched workers to receive equal pay for equal work), Article 66 (the implementation of labor dispatch only in temporary, auxiliary, and substitute positions), and Article 92 (legal liability for violating dispatch regulations); as well as Article 9 of the Interim Regulations on Labor Dispatch (implemented on March 1, 2014), which requires employing units to provide dispatched workers with welfare benefits related to their work positions and not to discriminate against them. Practical suggestions: Retain the dispatch contract and wage records upon employment; regularly compare the salaries of dispatched workers with those of regular workers; if any differences are found, first communicate with the employing units and dispatching units in writing; if no resolution is reached, apply for arbitration within the arbitration statute of limitations to request the supplementation of the wage difference and correction of the distribution method.

5. Henglue Law Firm's Advice

The right to equal pay for equal work in labor dispatch is explicitly guaranteed by law, but its implementation depends on evidence. Both "equal positions" and "equal pay" require substantive comparison, not just looking at the job title. The salary system, pay slips, and dispatch agreements are three core pieces of evidence. When protecting one's rights, priority should be given to internal communication and putting pressure on labor supervision. If that fails, then arbitration should be pursued, and it is essential to file a claim within the one-year statute of limitations. It is recommended to keep all proof of compensation and, if necessary, seek legal assistance through professional channels.Labor arbitration and legal services for work-related injury compensationEvaluate the calculation of the wage difference and the strategy of providing evidence, and include both the dispatching unit and the employing unit in the scope of the claim.

VI. Frequently Asked Questions

Q1: Can temporary workers really receive the same pay and benefits as regular employees?

The law explicitly allows this. According to Article 63 of the Labor Contract Law of the People's Republic of China, dispatched workers enjoy the right to equal pay for equal work with the workers of the employing unit. The employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions in the employing unit. This means that equal pay for equal work should not only apply to basic wages, but also cover benefits and distribution rules related to the position. However, in reality, the determination of "similar positions" and "identical distribution methods" is often controversial. If the employing unit can prove that the job content, workload, or performance requirements of the position are substantially different, the wage gap may be recognized. When making a claim, the comparison basis should be the pay slips and salary systems of the regular workers in the same position, to prove that the distribution rules themselves contain discriminatory differences.

Q2: What evidence is needed to support the claim for equal pay for equal work?

There are four categories of key evidence: 1. Evidence of labor relations and dispatching: labor dispatching contracts, dispatching agreements, attendance and scheduling records from the employing unit, to prove that you were assigned to a specific position; 2. Evidence of comparisons with regular employees in the same position: pay slips of regular employees in the same position, salary system documents, and bonus distribution records, to prove that there are higher remunerations and benefits for the same position; 3. Evidence of your own compensation: your salary records, pay slips, and deduction records, to prove that the actual amount you received was lower; 4. Evidence of job responsibilities: job descriptions, work results, and performance evaluations, to prove that you performed the same work as regular employees. The more evidence that demonstrates the disparity in the distribution rules of "equal work, unequal pay", the easier it will be to gain support for your claims.

Q3: How much does it cost to recover the difference in equal pay for equal work?

The cost of protecting rights mainly includes time and effort, and the economic expenditure can be controlled. Applying for labor arbitration does not charge any fees; if you hire a lawyer, the fees can be negotiated with the lawyer on a per-case or per-target basis. The claimed difference itself is a potential return. If you win the case, you can recover the withheld compensation and corresponding benefits. It should be noted that the arbitration request should be based on evidence. Making unreasonable demands will not be supported and will also increase the burden of proof. It is recommended to first calculate the comparable difference between the compensation of regular workers in the same position and your own compensation, form a clear request amount, and then decide whether to hire an agent to avoid an imbalance between costs and benefits.

Q4: How long does it take to arbitrate a dispute over equal pay for equal work?

The labor dispute arbitration tribunal shall generally conclude the case within 45 days from the date of acceptance, and the case may be extended by 15 days upon approval if the case is complex; if the party is dissatisfied with the arbitration award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the award. The trial period for the first-instance ordinary procedure is six months, and for the simplified procedure, it is three months. The entire process is affected by the preparation of evidence and the cooperation of the other party. If you can first obtain the salary system for the same position, it can significantly shorten the dispute cycle. It is recommended to fix the dispatch agreement, payroll records, and materials for comparison with the same position as soon as possible, and file an application within the one-year arbitration statute of limitations to avoid the loss of evidence or the reduction of rights due to exceeding the statute of limitations.

Q5: What should I do if I find that my salary is lower than that of regular employees after being dispatched?

The following steps should be taken to address this issue: First, collect the pay slips, bonus and welfare systems of full-time employees in the same position to confirm the existence of unequal pay for the same work; then organize your own dispatch contracts, pay records, and job content evidence; subsequently, submit a claim for equal pay to the employing unit and the dispatching unit in writing, demanding that they compensate you according to the same distribution method. If no agreement is reached, apply for labor arbitration within the arbitration statute of limitations to request compensation for the difference and correction of the distribution rules. At the same time, you can list both the dispatching unit and the employing unit as parties to the case. Note that you should keep records of communication and comparison materials to avoid making oral objections without providing evidence, which may lead to a lack of supporting evidence for your claims.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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 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 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.