What's the difference between regular railway workers and contract workers? Is the treatment the same?

The differences between regular employees (employees of state-owned enterprises), service employees and contract employees in the railway system are as follows:

1. The term of Party A is different from that of the contract.

1) Regular employees of the railway system (in-service employees) refer to employees who have signed long-term labor contracts with railway employers and have career establishment. The contract signed by the formal contract employee is a railway employer, and can enjoy various employee benefits and retirement security of the employer.

2) Contract workers refer to short-term workers recruited by railway employers through signing contracts, and there is no career establishment. Generally speaking, a contract is in written form, including time limit, tasks and obligations to be performed. The minimum term of an ordinary labor contract is more than three months.

3) Labor (dispatching) employees sign labor contracts with labor dispatching companies, and there is no career establishment. Party A who sends employees to sign contracts is a labor dispatch company and cannot enjoy the employee benefits and retirement security of the employing unit. The labor dispatch contract must be signed for a fixed period of more than two years, which is to avoid the instability of the employed due to the uncertainty of the labor dispatch period.

2. Different welfare guarantees.

1) Full-time employees (on-the-job personnel) of the railway system enjoy the corresponding welfare guarantee of the railway company according to their post grades and types of work and in accordance with the relevant regulations and systems of the company. Because it is a state-owned enterprise, the welfare benefits will be significantly higher than the minimum standards prescribed by law.

2) Contract employees, because they are temporary workers and have no career establishment, can only enjoy the relatively limited welfare guarantee stipulated by the labor law, but cannot enjoy many benefits unique to the railway system.

3) Labor dispatch employees. Although the "Labor Contract Law" stipulates "equal pay for equal work", workers are not employees of the employing company in law, but employees of the labor dispatch company, so sometimes they cannot fully enjoy the welfare benefits of the railway company itself.

Article 63 of the Labor Contract Law stipulates that "the dispatched workers have the right to equal pay for equal work with the employees 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 unit. "

3. The industrial injury declaration is different.

1) Full-time employees (on-the-job employees) of the railway system declare work-related injuries to the railway employer. Regular employees who are injured at work may apply to the relevant departments of the railway corporation for compensation for work-related injuries. The amount of industrial injury compensation is given according to the relevant regulations of the railway company, which is usually much higher than the industrial injury compensation standard stipulated by the relevant national laws.

2) Contract employees declare work-related injuries to railway employers. However, as a temporary worker, the compensation is only implemented according to the standards stipulated by law, which will be significantly lower than the compensation standards enjoyed by regular employees in the railway system.

3) If the dispatched employee declares a work-related injury to the dispatching company, the railway employer is not responsible for compensation, but has the obligation to assist in the identification of the work-related injury.

According to Article 10 of the Interim Provisions on Labor Dispatch, "If the dispatched workers are injured by accidents in the work of the employer, the labor dispatch unit shall apply for work-related injury identification according to law, and the employer shall assist in the investigation and verification of work-related injury identification. The labor dispatch unit bears the responsibility of work-related injury insurance, but it can agree with the employer on the compensation method. "

Baidu Encyclopedia-Editor

Baidu encyclopedia-contract worker

Baidu Encyclopedia-People's Republic of China (PRC) Labor Contract Law

Baidu Encyclopedia-Interim Provisions on Labor Dispatch