[Direct answer]In the Beijing area, the labor contract is signed with the employing unit (the dispatching company), and the work is managed by the employing unit. Both parties are responsible for the rights and interests: the dispatching company is responsible for the wages and social insurance, and the employing unit is responsible for equal pay and labor protection; if any harm is caused to the dispatched workers, the dispatching company and the employing unit shall bear joint and several liability for compensation. If the workers are owed wages, it is the best solution to sue both parties together.

I. Problem background and typical scenarios

The typical blame-shifting game played by dispatch workers to protect their rights: When it comes to wages, they are told by the dispatch company, "The employing unit hasn't paid the service fee"; when it comes to work-related injury benefits, they are told by the employing unit, "You're not our employee"; when something goes wrong at the workplace, both parties shift the blame to each other; when the dispatch company goes bankrupt and disappears, the workers' seniority and social insurance are disrupted. The clear division of responsibilities and rights among the three parties (workers—dispatch company—employing unit) is the root of all disputes.

II. Key points of contention

1. The legal nature of the tripartite relationship. The labor contract relationship exists between the dispatching company and the worker, while the actual employment management is carried out by the employing unit. Dispatching is a legal form that separates "employment" from "employment management". 2. The application of joint and several liability. If the dispatching company or the employing unit causes harm to the worker, they shall bear joint and several compensation; there is also room for joint and several liability in cases of wage arrears, work-related injury compensation, and unlawful termination. 3. The implementation of equal pay for equal work. The same labor remuneration distribution methods as those of workers in similar positions in the employing unit, and the reasonable boundaries of welfare differences. 4. The identification of "false dispatching". In cases of false dispatching where the employing unit recruits workers themselves and then has the dispatching company backdate the contracts, the labor relationship shall be determined based on the actual employment situation.

III. Professional analysis by Henglue Lawyers

The key points for protecting the rights of dispatched workers are organized by types of disputes: **Wages and social insurance**: The obligation to pay lies with the dispatching company (employing unit). If the employing unit fails to pay service fees according to the agreement, it does not affect its joint liability to the workers. In arbitration, both companies are listed as respondents, providing an additional guarantee for asset recovery during enforcement. For unpaid social insurance, claim compensation from the dispatching company, and the employing unit bears joint liability if at fault (e.g., poor safety conditions or work arrangements). **Work-related injuries**: Work-related injury identification and insurance liability rest with the dispatching company (which is legally obligated to purchase work-related injury insurance for dispatched workers). If uninsured, the dispatching company must cover all injury benefits, and the employing unit bears joint liability if at fault. After an injury occurs, do not be misled by the argument "You’re a dispatched worker, not our responsibility." The arbitration applicant is the dispatching company, but the employing unit’s on-site evidence (accident records, surveillance footage, witnesses) must also be immediately preserved. **Equal pay for equal work**: The legal requirement is to implement the same labor remuneration distribution method as the employing unit’s workers in comparable positions. Note that this refers to "identical distribution methods" rather than "exactly equal amounts." There is room for reasonable defense against differences in performance or seniority. Evidence should include salary structure data for comparable positions, and excessive differences can be claimed for supplementary compensation. **Identifying and challenging false dispatching**: Operations where the employing unit directly recruits, interviews, and manages workers before outsourcing them to a dispatching company constitute false dispatching. In arbitration, the true employment relationship is determined based on actual employment and wage payment responsibilities. Once established, seniority, social insurance, and severance compensation are calculated according to the employing unit’s standards. **Procedural key points**: List both the dispatching company and the employing unit as joint parties in arbitration; jurisdiction can be at the employing unit’s location; if the dispatching company is liquidated, its shareholders’ liability to the employing unit follows company liquidation rules. **Daily record-keeping advice for dispatched workers**: Retain three key documents from day one: - The labor contract with the dispatching company - The employing unit’s employee badge/access control records and shift schedules - Payroll records (verifying the paying entity) These serve as evidence anchors for defining the tripartite relationship in future disputes. Beijing’s labor arbitration system has well-established rules for dispatching cases, with clear channels for applying joint liability. Including both companies in the arbitration process is the first step toward protecting workers’ rights.

IV. Practical suggestions and legal basis

The first step is to clarify the relationship among the three parties: the labor contract, the actual employment, and the wage payment. The second step is to list the dispatching company and the employing unit as respondents in the arbitration. The third step is to preserve evidence such as contracts, work badges, and pay slips from the date of employment. The fourth step is to overturn the false dispatching claim and assert the true labor relationship. Main legal basis: Articles 57 to 67 (special section on dispatching) and Article 92 (joint and several liability) of the Labor Contract Law of the People's Republic of China (amended in 2012); Interim Regulations on Labor Dispatch; and specific applications shall be subject to the currently effective laws and regulations.

5. Henglu Law Firm's Reminder

Dispatched workers do not need to "choose sides" between the two companies: the legal responsibilities are clearly divided, and the compensation for damages is jointly borne by both parties. When taking legal action to protect their rights, they can sue both companies together. Keeping three documents upon employment (contract, work badge records, and payroll records) is better than running around in circles during disputes. For issues involving labor dispatch and the determination of labor relations, you can seek assistance through legal channels.Labor arbitration and work-related injury compensationFor a comprehensive solution to the service, you can refer to the treatment and compensation for work-related injuriesPersonal injury and medical disputesFor reference, please refer to the section on compliance with employment models in enterprisesBusiness and contract disputes in enterprisesFor plates, those involving case solutions can be combined togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Who should I ask for my salary?

The dispatching company shall pay the compensation, and the employing unit shall bear joint and several liability for the fault. Both parties shall be listed in the arbitration proceedings together.

Q2: Who is responsible for the work-related injury?

The work-related injury insurance is paid and declared by the dispatching company. The benefits for those who are not insured are paid by the dispatching company, and the employing unit shall bear joint and several liability if it is at fault.

Q3: Does equal pay for equal work mean that everyone gets exactly the same salary?

It refers to the same compensation distribution method. Reasonable differences in performance and working years do not constitute a violation, and structural discrimination can be claimed for the difference in compensation.

Q4: How long can I be dispatched for?

These are temporary, auxiliary, and substitute positions, and there is a cap on the proportion of workers employed in these positions. Disputes over the use of genuine workers beyond this cap will be resolved based on the actual number of workers employed.

Q5: Who should I contact if the dispatch company disappears?

The joint and several liability of the employing unit still exists, and the shareholders of the company that has been deregistered may be held liable for it.

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, 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 you encounter disputes, please consult a practicing lawyer in time.