On
November 26, 2020, the Shanghai Jing'an People's Court (the "Court")
held a meeting to release the 2019 White Paper on the Trial of Labor Disputes (the
"White Paper") and five model cases. At the meeting, Vice President
Ding Dehong briefed the cases involving labor dispatch handled by the Court
from 2017 to 2019.
According
to the White Paper, from 2017 to 2019, the Court received 82 cases concerning
labor dispatch and concluded 80 of them (36 were concluded with adjudication,
21 with mediation, and 23 were withdrawn). The past three years has seen a
gradual increase in the number of cases withdrawn or mediated, with an average
proportion of 55%. The White Paper offers some suggestions on preventing
disputes over labor dispatch at the source: one, doing business in strict
accordance with the laws and regulations; two, clarifying the rights and
obligations in written contracts; three, building a harmonious relationship in
good faith.