Temporary Agency Work and Labour Rights Protection: A Case Study of China

Abstract: Temporary agency work is one of the newest forms of work worldwide and growing rapidly over the past two decades. It is regarded as a tool to create jobs with a stepping-stone function to the labour market and to contribute to the demand of labour flexibility. However, with a triangular and flexible nature, temporary agency work as an irregular employment to some extent undermines the employment security and implies higher risk of labour rights infringement. This thesis takes China as an example, where temporary agency work industry is experiencing an unexpected boom after the nationwide recognition and regulation by the Employment Contract Law promulgated in 2008, to examine whether a balance between labour flexibility and labour rights protection has been made. The thesis first reveals the current situation of temporary agency work at both international and national levels. By making comparison studies between the status quo and corresponding legislations, a conclusion that temporary agency work in China is being abused is found, as not only a gap between national and international regulation exists, but also the development of temporary agency work in practice has deviated from the national law as well as the general practice around the world. The thesis further examines the status quo of labour rights conditions of temporary agency workers and finds out a conflict between the de jure and de facto rights exists. Thus, a conclusion that temporary agency workers’ labour rights under national law are not well protected is made. The thesis at last gives recommendations on how to better balance labour flexibility and labour rights protection based on China’s reality and the experience from countries in the European Union where temporary agency work is well regulated and temporary agency workers are well protected.