中华人民共和国劳动合同法 第六十三条

劳动合同法 劳务派遣

被派遣劳动者享有与用工单位的劳动者同工同酬的权利。用工单位应当按照同工同酬原则,对被派遣劳动者与本单位同类岗位的劳动者实行相同的劳动报酬分配办法。用工单位无同类岗位劳动者的,参照用工单位所在地相同或者相近岗位劳动者的劳动报酬确定。

劳务派遣单位与被派遣劳动者订立的劳动合同和与用工单位订立的劳务派遣协议,载明或者约定的向被派遣劳动者支付的劳动报酬应当符合前款规定。

Labor Contract Law of the People’s Republic of China, Article 63

Dispatched workers are entitled to equal pay for performing the same work as direct employees of the same employer. The employer must institute labor remuneration allocation methods with respect to dispatched workers that are equivalent to those applicable to direct employees occupying the same position, in accordance with the principle of equal payfor equal work. Where the employer has no direct employee in the same position, it shall determine pay with reference to the labor remuneration of workers of the same or similar positions in the local area.

The labor remuneration payable to dispatched worker as stated or agreed to in the labor contract concluded between the dispatching entity and the dispatched worker or the labor dispatch agreement concluded between the dispatching entity and the employer shall conform to the provisions of the preceding provision.

更新日期:2018-08-27