The nature of labor dispatch units and institutions Article 58 of the Labor Contract Law stipulates that labor dispatch units are the employing units referred to in this Law and shall fulfill the obligations of the employing units to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also specify the employing unit, dispatch period and post of the dispatched worker. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years, and pay the labor remuneration monthly; During the period when the dispatched workers are not working, the labor dispatch unit shall pay the labor remuneration monthly according to the minimum wage standard stipulated by the local people's government. ?
Under the condition of market economy, labor dispatch is a kind of commercial service activity with the nature of social public service and belongs to quasi-public products.
What is the nature of the labor dispatch unit?
1. The labor dispatch unit has the dual identities of employment service subject and employer.
Although many legislative cases define its legal form as a company, they also impose special restrictions on its subject qualification and implement a franchise system. In some places in China, labor dispatch units are defined as labor enterprises. For example, as stipulated in Article 3 of the Trial Measures for Labor Management in Hubei Province, the labor dispatch unit is a new type of labor employment service institution. Some institutions are institutions affiliated to the administrative department of labor security; Some institutions have been transformed from the original public employment service institutions. In legislation, the rights and obligations of agencies are determined according to the functions of these two identities, and the employment service functions of agencies are emphasized.
At the same time, the dispatched institutions are entrusted by the dispatched units to exercise some functions of the employing units. Therefore, the dispatch agency is a mixed subject between enterprises and institutions.
2. The labor dispatch unit is a special enterprise legal person with public welfare purpose.
As the main body of employment service, dispatch agencies should have public welfare. However, under the condition of market economy, it is not feasible to completely deny the profit-making of dispatched institutions. Therefore, we can follow the example of employment agencies in China and adopt the policy of coexistence of public and private institutions, with public institutions as the main body.
However, at the present stage in China, the propaganda of labor dispatch is weaker than that of job introduction, and its cost is higher than that of job introduction. Therefore, both public and private dispatching agencies should be positioned as enterprise legal persons rather than institutions. Because the public welfare goal plays an important role in the target system of labor dispatch, the dispatch agency should not be treated equally with the general enterprise legal person, but should be positioned as a special enterprise legal person with public welfare purpose.
3. Labor dispatch units should take socialization as the development direction.
In order to meet the needs of the reform of state-owned enterprises, many state-owned enterprises have set up dispatch agencies to serve the laid-off workers of their own enterprises as their branches or subsidiaries after the restructuring. This kind of dispatching organization is controlled by the dispatching unit, and there is essentially only one employer, that is, the former state-owned enterprise or parent company, so it is more likely to cause the dispatching organization to collude with the dispatching unit and pass on the labor cost to the dispatched workers. Moreover, this kind of labor dispatch has little effect on regulating the relationship between supply and demand of social labor.
Therefore, according to the overall demand of the labor market, the existing internal exclusive dispatch agencies should be socialized.
Extended reading of related knowledge: how to avoid the risk of labor dispatch
1. Optimize the use mechanism of human resources
It not only reduces the human resource management cost of the employer, but also constructs? Set the talents of the world for my use? Platform, thus creating conditions for employers to improve labor productivity. This way of employing people is especially beneficial to high-tech companies. Moreover, for large companies, only using unsupported and selecting the best among the best can enable enterprises to achieve the best allocation of human resources in the most economical way. Labor dispatch has implemented the separation of management and staffing (staffing), which has cut off the dependence between employees and employers from the system. Unit person? Completely turned into? Social man? . Units can get the autonomy of selecting and employing people, and talents can get flexible job opportunities.
2. Facilitate labor and personnel management
The advantage of labor dispatch lies in fundamentally improving the labor and personnel management of employers and realizing the enterprise's employment regardless of people. After the employing unit adopts labor dispatch, the labor dispatch agency undertakes all the labor and personnel management work originally undertaken by the enterprise, from talent recruitment, screening, signing labor contracts, paying insurance, paying wages to daily management, etc. Employers can get rid of the tedious routine work completely, which can greatly reduce the labor and personnel management departments and is more suitable for the development of enterprises.
3. Choose a professional labor dispatch agency
Employers can rely on the advantages of labor dispatch machines in labor policy and human resource management to provide forward-looking and constructive suggestions and opinions to enterprises at any time, so as to make the human resource management of enterprises more sound and perfect, thus avoiding the risks of illegal operation and labor disputes of employers to the maximum extent.
Related reading:
How to choose a labor dispatch unit
After the customer decides to adopt the labor dispatch mode for overall outsourcing of human resource management, the following main aspects will generally be considered before choosing a cooperative dispatch agency:
1, registered capital
Qualification and registered capital of labor dispatch units When choosing a labor dispatch unit, the employer should first review the qualification of the dispatch unit and confirm that it is a legally registered enterprise with independent legal personality. At the same time, according to the Labor Contract Law, the registered capital of labor dispatch enterprises shall not be less than 500,000 yuan;
2. Good communication
The management service concept and enterprise concept of labor dispatch units embody the values and code of conduct of an enterprise. It is very important to choose the labor dispatch unit with the same cultural concept as the employer to cooperate in order to achieve the purpose and goal of adopting labor dispatch, and to communicate and cooperate with each other in the implementation of labor dispatch.
3. Professional management
The employer should pay attention to the brand and position of the labor dispatch unit and its management personnel in the industry, the depth of professional knowledge, the service to major customers and the management of the dispatched workers.
Step 4 provide solutions
The quality, professional level and accuracy of the national labor policy of the employees in the labor dispatch unit are directly related to the standardization of the implementation of labor dispatch management, and are also the key to provide human resources solutions in time, resolve labor conflicts and eliminate labor disputes according to the actual situation of the employer during the implementation of labor dispatch.
5. Quality management
Standardized management level and means of labor dispatch unit Labor dispatch is a comprehensive professional service of human resources. Whether the labor dispatch unit has standardized management system, modern management means, perfect service system and management service quality control standard is the normative basis to ensure the whole process of labor dispatch.
Step 6 be an expert
High-quality and efficient talent recruitment, selection ability and flexible employment mechanism of labor dispatch units, and the rapid organization and optimal allocation of human resources are important purposes for employers to choose labor dispatch employment methods. Therefore, it is very important whether the talent reserve and talent recruitment channels of labor dispatch units can meet the talent recruitment needs of employers.
Have you seen it? What kind of organization is the labor dispatch unit? People have seen:
1. Management System of Labor Dispatching Company 3
2. The latest news of migrant workers becoming full members
3. Conditions for newly registered labor service companies
4. Strive to optimize the management of enterprise labor dispatch workers
5. Model Security Labor Dispatch Service Contract