问答题
In relation to the Labour Contract Law of China:
问答题
(a) explain the term labour service despatching; (3 marks)
【正确答案】In accordance with Article 59 of the Labour Contract Law, the term labour service despatching refers to a form of business transaction under which an entity despatching labour services, by the conclusion of a contract, despatches the persons (service provider) to another enterprise (the labour service purchaser) to work for a fixed period of time or to provide particular services as agreed in the contract.
【答案解析】
问答题
(b) state the legal relations between the entity despatching labour services and the persons despatched to the labour service purchaser; (2 marks)
【正确答案】In accordance with Article 58 of the Labour Contract Law, the legal relations between the entity despatching labour service and the persons despatched to the labour service provider shall be the relations of employer and employee.
【答案解析】
问答题
(c) state the statutory terms and wages of the labour contract,as stipulated in the Labour Contract Law, between the entity despatching labour services and the person despatched. (5 marks)
【正确答案】In accordance with Article 58 of the Labour Contract Law, besides the general provisions as set forth in the law, the two parties shall enter into a fixed-term labour contract for a term of no less than two years. The wages and other compensations the persons despatched shall be prescribed in such labour contracts on a monthly basis. For the period when the service providers are out of work, the entity despatching labour services shall pay the minimum wage as fixed by the local government on a monthly basis.