Keywords: Beijing, labour authority, dispatch
Under the Interim Provisions on Labour Dispatch (see our legal
China Issues Interim Provisions on Labour Dispatch", of 11
February 2014), if the number of dispatched workers engaged by a
PRC employer exceeds 10 percent of its total workforce, then the
employer must file a plan on how it proposes to reduce that
proportion to 10 percent or less with the local labour authority
within two years after the effective date of the Interim Provisions
(i.e., before 1 March 2016). The Beijing Labour Authority has now
issued an administrative order requiring each applicable Beijing
employer to file its plan by 31 August 2014.
The relevant form (in Chinese) and filing instructions can be
downloaded from the Beijing Labour Authority website. The filing must be made in
The details required to be provided in the plan include the
The total number of employees, the number of workers who have
signed written employment contracts, the number of dispatched
workers and the proportion of dispatched workers to the total
number of employees;
The number of (a) local urban dispatched workers, (b) local
rural dispatched workers, (c) dispatched workers from other cities,
and (d) dispatched workers from other rural areas;
The number of dispatched workers holding "temporary,
auxiliary or replaceable" positions. (There should be
agreement with a trade union or work representative through
consultation on the "auxiliary" positions);
The name of the labour dispatch agency and the duration of the
labour dispatch agreement entered into between the employer and the
labour dispatch agency;
A two-year plan for managing the number of dispatched workers;
Details of any anticipated potential problems and other
situations that may arise during the period of the plan.
The administrative order does not say what the legal consequence
may be if an employer fails to comply with the above requirements.
However, prudent employers should take steps to comply with the
requirements of the administrative order of the Beijing Labour
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