Some companies, in order to avoid legal risks and reduce labor costs, practice labor management under the name of "business outsourcing". How to solve the problem of "unequal pay for the same work" among outsourced employees? ② The business has been outsourced, and the rights and interests of workers cannot be "outsourced". Reading prompts: "Fake outsourcing" behavior leads to workers being unable to enjoy the rights and interests protection they deserve while undertaking the same work. Professionals say that the difference in responsibility is a direct driving force for some companies to choose "fake outsourcing". The abuse of outsourced labor can disrupt the order of the labor market and is not conducive to the sustainable development of enterprises and the overall stability of the workforce. In previous reports, reporters found that many outsourced employees face the situation of "doing the same work but receiving different treatment" compared to regular employees, with significant differences in welfare benefits, system permissions, career development, and other aspects. Further investigation revealed that behind these phenomena, some companies engage in "false outsourcing" behavior of labor management under the guise of "business outsourcing" in order to avoid legal risks and reduce labor costs. This results in workers being unable to enjoy the rights protection they deserve while undertaking the same work. What is "fake outsourcing"? Wang Gao, a database programmer, worked for an Internet company for five years as an outsourcing employee and accepted the daily management of the company. After the collapse of the company that signed the labor contract, the Internet company arranged him to sign a new company to save the cost of training new employees. The job content remained unchanged, but the monthly salary decreased a lot. This is not a true outsourcing behavior. ”Zhao Mingyang, assistant judge of Chaoyang District People's Court in Beijing, introduced to reporters that outsourcing generally refers to the model in which enterprises outsource non core business to external institutions for operation. The contractor recruits employees on their own to complete the business entrusted by the enterprise, and the enterprise is in a contract cooperation relationship with the enterprise. The enterprise is not responsible for managing the daily work of the contractor's employees. But currently, many companies use the guise of "business outsourcing" to arrange for contractor employees to do the same work as regular employees, accept the same labor management, in order to avoid legal responsibilities and reduce labor costs. It can be said that the outsourcing of useful worker management is all 'fake outsourcing', "Zhao Mingyang said. Liu Ya's experience is also a typical representative of this kind of fake outsourcing and real employment. In 2020, Liu Ya was sent to work at another company after signing a labor contract with a private enterprise. Due to good performance, the immediate supervisor verbally promised to 'convert him to a regular employee'. In the following two years, Liu Ya's work content and work pace were completely derived from this unit, which was basically the same as the work tasks of regular employees. However, she could only receive basic salary, limited access control, no cafeteria meal card, and her salary was one-third lower than that of regular employees at the same level. Halfway through, she even had to accept arrangements and signed a "labor contract" with the private enterprise that had previously signed the contract, which went bankrupt. Some outsourced labor is actually more similar to labor dispatch. ”Zhao Mingyang introduced that labor dispatch is the use and management of employees dispatched by labor dispatch companies by enterprises, and employees sign labor contracts with labor dispatch companies. In law, "outsourcing" and "dispatch" are clearly defined, but in practice, the boundary between the two is often blurred. Zhao Mingyang pointed out that the core difference between the two is that outsourcing purchases "work" and is settled based on the completed workload, pursuing labor results; Labor dispatch purchases "people" based on headcount and working hours, and purchases the labor process. The Provisional Regulations on Labor Dispatch, implemented in 2014, explicitly require that labor dispatch employment shall not exceed 10% of the total employment of the enterprise. Some companies have turned to outsourcing instead of labor dispatch in order to break through this restriction. According to research, some companies adopt a labor contract system for management and core business positions, while outsourcing low-end repetitive physical labor positions and seasonal employment positions such as catering logistics, security and cleaning, warehousing logistics, etc. How to protect the rights and interests of workers in outsourcing and real employment when it comes to safeguarding rights and interests? The difference in employment methods determines that there is also a significant difference in the legal responsibility between outsourcing and labor dispatch, "said Zhao Mingyang. In true outsourcing, there is no direct legal relationship between the contracting unit and the workers; In labor dispatch, if the employing unit causes damage to the dispatched worker, the labor dispatch unit and the employing unit shall bear joint and several liability for compensation. In order to curb the chaos of "fake outsourcing", the "Interim Regulations on Labor Dispatch" clearly state that if an employer uses workers in the form of labor dispatch under the guise of contracting, outsourcing, etc., it shall be handled in accordance with labor dispatch. The key to defining what is "false" lies in the examination of employment management facts, which is precisely the complexity of judicial practice. Piercing the veil of "fake outsourcing" in court and proving the existence of a de facto management relationship with the employer is the first hurdle for many workers on their path to safeguarding their rights. Determine whether there is employment management, specifically reflected in attendance, salary distribution, and work arrangements. ”Lu Kaifu, a lawyer from Yunnan Dianhong Law Firm, clearly stated in an interview that "once all three are established simultaneously, it can be basically judged that there is employment management." Lu Kaifu listed effective evidence of rights protection such as salary payment records, unit access cards, work communication records, and attendance records. However, in reality, many outsourcing employees only realize that the outsourcing company they signed a contract with does not have legal qualifications when they seek to protect their rights. At present, there are various types of contractors, including those operated by human resources service companies, those undertaken by labor outsourcing companies with certain qualifications, and more unqualified enterprises and individual contractors. Contractors without the qualification of useless workers are unable to organize outsourced employees to participate in work-related injury insurance, and often evade responsibility in the event of accidents such as injuries or fatalities. Many outsourced employees, even if their rights are damaged, will not take up legal weapons to protect their rights. Having a job is all that matters, who would want to go to great lengths to protect their rights? "Even after changing" employers "and receiving a salary reduction, Wang Gao reluctantly chose to accept. The dual calculation of risk and cost, as well as the difference in responsibility, has become a direct driving force for some companies to choose 'fake outsourcing'. ”Bai Yongliang, a professional in labor law consulting, analyzed that by creating an "outsourcing contract", companies transfer the labor management risks that should have been borne by themselves to outsourcing companies with weaker risk resistance capabilities. Why do companies take legal risks and choose the "fake outsourcing" model? In addition to avoiding responsibility and risk, there are also economic considerations and flexible management driving factors behind it. Bai Yongliang analyzed that companies choose outsourcing mainly for two reasons: firstly, focusing on core competitiveness and divesting non core businesses; The second is to cope with economic fluctuations, achieve rapid and flexible personnel adjustments, optimize labor costs, and improve operational efficiency. However, the "cost first" mindset has directly given rise to some distorted labor market choices. Bai Yongliang observed that many companies' criteria for selecting outsourcing suppliers are not "who is more compliant", but "who is cheaper". Under the competition of price competition, service providers can only continuously reduce the costs they should have invested in protecting the rights and interests of workers in order to survive, ultimately forming a vicious cycle of "bad money driving out good money". This not only damages the legitimate rights and interests of workers, but also disrupts the normal labor order to a certain extent. The business has been outsourced, and the rights and interests of workers cannot be 'outsourced'. ”Bai Yongliang said that to change this situation, the key is for enterprises to enhance their awareness of labor laws and systematically build a compliance system. He suggested that companies establish a hierarchical and classified employment system based on their actual development: adhere to direct employment for core businesses and positions to ensure a stable workforce; Implement business outsourcing for non core but highly specialized work, focusing on the results rather than the process; For temporary, auxiliary, and substitute positions, labor dispatch shall be used in accordance with the law and regulations. The abuse of outsourced labor not only directly infringes on the rights and interests of workers, leading to unstable labor relations, but also easily triggers labor disputes, disrupts the order of the labor market, and in the long run is not conducive to the sustainable development of enterprises and the overall stability of the workforce. How to standardize outsourcing employment at the institutional level, promote enterprises to implement their main responsibilities, and employ in accordance with laws and regulations, still requires joint efforts from all parties. This newspaper will continue to pay attention. (Some interviewees use pseudonyms) (New Press)