劳务派遣与劳务外包区别
Difference between labor dispatch and labor outsourcing
转成劳务外包后原职工的工作要求基本不变，只是派遣单位与用工单位的关系由原来的“劳动力租赁合同关系”变成了“项目委托合同关系”。
After the transfer to labor outsourcing, the work requirements of the original employees are basically the same, but the relationship between the dispatching unit and the employing unit has changed from the original "labor leasing contract relationship" to "project entrustment contract relationship".
但劳务派遣关系中的用工单位与职工之间是存在法律上的用工关系的，因此用工单位对职工负有一定的义务，也有管理员工的权利。而劳务外包可以大致理解为这个公式：劳务外包=劳务派遣-用工单位义务与权利。（当然，并不止于此，还有一些细节的区别。）
However, there is a legal employment relationship between the employing unit and the employees in the labor dispatch relationship, so the employing unit has certain obligations to the employees and the right to manage the employees. Labor outsourcing can be roughly understood as the formula: labor outsourcing = labor dispatch - obligations and rights of the employing unit. (not only that, of course, but there are some differences in detail.)
无义务也无权利，貌似也很合理，但实际情况不言而喻，你作为一个外包工到人家单位上班或人家派过来一个所谓的领导监督，你想不受人管理那可能吗？所以劳务外包几乎就=劳务派遣-用工单位义务。也就是说被转成了劳务外包后表面上好像对员工没什么影响，可一旦一些情况出现（例如工伤，职业病等）就只能找派遣单位而很难要求用工单位负责，可职工实际上又没在派遣单位上班，这就更容易导致大家扯皮。
It seems reasonable that you have no obligation or right, but the actual situation is self-evident. If you go to work as a contractor or are sent to work as a so-called leader, do you want to be free from management? So labor outsourcing is almost equal to labor dispatch - obligations of the employing unit. That is to say, after being transferred to labor outsourcing, it seems to have no impact on employees. However, once there are some situations (such as industrial injury, occupational disease, etc.), it is difficult to ask the employing unit to be responsible for them. In fact, the employees do not work in the dispatching unit, which is more likely to lead to the wrangles.
所以说劳务派遣关系总体上是要强于劳务外包关系的，那职工若遇到被强转成劳务外包，应该怎么办呢？
So the labor dispatch relationship is generally stronger than the labor outsourcing relationship. What should employees do if they are forced to turn to labor outsourcing?
劳务派遣被强转成劳务外包，职工可以怎么做？
How can employees do when labor dispatch is forced to be turned into labor outsourcing?
首先你当然可以“趁机”提出离职，这相当于是派遣单位违背了劳动合同，所以即使是职工提出离职也可以索偿，按在该单位工作的年限，每满一年可获赔一个月工资。
First of all, you can certainly "take the opportunity" to propose resignation, which is equivalent to that the dispatching unit violates the labor contract, so even if the employees propose resignation, they can claim compensation. According to the years of working in the unit, they can get one month's salary for each full year.
若你暂时还无法离职，那么你可以根据实际情况提出你的合理要求，例如调到一家更好的用工单位，或者申请回到派遣单位本部上班。
If you are unable to leave the company for the time being, you can put forward your reasonable requirements according to the actual situation, such as moving to a better employer, or applying to return to the dispatching unit headquarters.
然后如果因一些原因你与派遣单位一直就没签订劳动合同，也没缴纳五险一金，你也可以借此机会要求补签劳动合同，补缴社保。
Then if for some reasons you have not signed a labor contract with the dispatching unit, nor paid five insurances and one fund, you can also take this opportunity to ask for a supplementary labor contract and social security.
小快小贴士：
Tips:
社保是劳动法和社保法都规定必须缴纳的，只要你主张权利，企业“逃不掉”，但公积金不一样，劳动法并无硬性规定，公积金中心也是授权到各地方执行的，所以你要先去你当地公积金中心咨询一下政策，若是必须缴纳，你就和社保一同主张。
Social security is required to be paid by labor law and social security law. As long as you claim rights, the enterprise "cannot escape", but the accumulation fund is not the same. There is no hard provision in labor law, and the accumulation fund center is also authorized to implement it in various places. Therefore, you need to consult your local accumulation fund center for policies first. If you have to pay, you will claim together with social security.
最后，要是对于你的合理诉求派遣单位充耳不闻，因为是他们理亏在先，必要时你完全可以请当地的劳动监查监查部门介入。
In the end, if you turn a deaf ear to your reasonable demands, because they are responsible for the losses first, you can ask the local labor supervision department to intervene if necessary.
劳务派遣同工同酬新规定
New regulations on equal pay for equal work in labor dispatch
劳务派遣同工同酬规定单位对于从事相同工作，付出等量劳动且取得相同劳动业绩的劳动者，支付同等的劳动报酬，我国新劳动法规定被派遣劳动者享有与用工单位的劳动者同工同酬的权利。
Labor dispatch equal pay provisions for the same work, pay the same amount of labor and obtain the same labor performance of the workers, pay the same labor remuneration, China's new labor law provides that the dispatched workers enjoy the same pay rights as the workers of the employing unit.