My employer sends me to another company: who pays and what happens when I return?

A shared assignment does not itself change the employer

Shanghai’s shared-employment guidance describes an arrangement preserving the original labour relationship and original employer’s wage and social-insurance responsibilities. Do not classify an arrangement just because someone calls it “borrowed staff.” Compare the contracts, actual employer and work arrangements; dispatch, outsourcing and a new contract can raise different questions. A dispute between the businesses should not be confused with the worker’s own payment record.

Ask for the assignment terms in writing

Before you go, ask for a written statement that covers the host business, your tasks, workplace, working hours, pay, supervision, and the assignment end date. Also ask which rules apply at the host and who receives absence or safety reports. The guidance requires the two businesses to sign a shared-employment agreement and to inform you of its relevant contents. You should compare the proposed terms with your original contract. Keep your own copy of any agreed change, rather than relying on a business-to-business document you cannot inspect.

If the employer refuses to provide written terms, record what was said orally and continue to track what actually happens.

Keep payment responsibilities visible

Retain payslips, social-insurance contribution records, and any document that shows who pays each allowance or reimbursement. Under the guidance, the original employer must pay your wages and social insurance on time and in full, while the host must settle related costs with the original employer. If a payment is missing, identify the period and ask the original employer for its response. Separately record the host’s work instructions and attendance records.

A dispute between the two businesses about their settlement does not, by itself, explain your own wage record. You need to know which obligation was not met and by whom.

Plan the return before the end date

Ask where you should report when the assignment ends, who confirms the return date, and whether any extension needs an agreed change. Preserve the original end date and later proposal separately. If the host stops providing work early, ask both businesses who gives the next instruction and how pay is handled. Do not assume an assignment ending is the same as your employment ending.

Do not sign away your employment relationship casually

A request to resign or sign with another entity can change more than the assignment location. Compare the employer name, continuity, wage responsibility, social-insurance arrangements and any release wording before signing. Ask whether the document only confirms an assignment or changes the employment relationship. Bring the full documents for advice when the answer is unclear; the label “simplify paperwork” does not explain their effect.

If a dispute arises, know where to turn

For a missing payment, identify the period, payer stated in the arrangement and what actually arrived. For a safety issue, record the host’s instruction and relevant circumstances, and seek the appropriate safety route promptly rather than waiting for a pay dispute to end. Ask a local adviser which entities and documents are relevant to the specific dispute. Preserve the timeline and lawful personal records; an employer acknowledgement is evidence, not the only fact deciding responsibility.

Example: how to check your own situation

Suppose your employer sends you to another company for six months, but you have no written change to your contract. You are paid by the original employer, but the host gives you daily instructions. At the end of the six months, the host says it no longer needs you, and the original employer tells you to “just sign a resignation.”

In this situation, you should first ask the original employer for a written statement of the assignment terms, including the end date and the return arrangement. You should also ask whether the original employer will continue to pay wages and social insurance during the assignment. If the original employer refuses to confirm these points, you need to decide whether to seek advice from a labour lawyer or a local labour-dispute mediation body. The key question is: does the original employer still acknowledge its obligations as your employer?

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