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根据《劳动法》及有关规定,企业用工实行全员合同制,不再有“正式工”和“临时工”之分,原长期“临时工”除劳动合同的期限可以与原“正式工”有所区别外,其他诸如养老保险、失业保险、医疗等福利都同正式工一样办理。劳动部办公厅对《关于临时工等问题的请求》的复函(劳办发[1996]238号)明确规定:《劳动法》施行后,所有用人单位与职工全面实行劳动合同制度,各类职工在用人单位享有的权利是平等的。因此,过去意义上相对正式工而言的临时工名称已不复存在。用人单位如在临时性岗位上用工,应当与劳动者签订劳动合同并依法为其建立各种社会保险,使得享有有关的福利待遇,但在劳动合同期限上可以有所区别。本刊选编的这个案例,就是以上规定的实际运用。
According to the “Labor Law” and the relevant provisions of the full employment contract system, there is no longer “regular workers” and “temporary workers” of the points, the original long-term “temporary workers ” except the duration of the labor contract can Unlike the original “official workers”, other benefits such as pension insurance, unemployment insurance and medical care are handled in the same way as regular workers. The reply of the General Office of Labor Affairs on “Requests for Temporary Workers and Other Issues” (Lao Ban Fa [1996] No. 238) clearly stipulates that after the implementation of the “Labor Law,” all employers and workers shall have a full implementation of the labor contract system, The rights and interests enjoyed by employees in the employer are equal. As a result, the names of temporary workers in the past in the sense of being formal workers no longer exist. Employers who work in temporary positions should sign labor contracts with workers and establish various social insurances for them according to law, so as to enjoy the relevant benefits and benefits, but they may differ on the term of the labor contract. This case selected this case, is the actual application of the above provisions.