What are the requirements for establishing a labor dispatch company?
1. The Company Law provides for the establishment of labor dispatch units. According to Article 57 of the Labor Contract Law, labor dispatch units shall be established in accordance with the relevant provisions of the Company Law. For example, Article 3 of the Company Law stipulates that "a company is an enterprise legal person with independent legal person property and enjoys legal person property rights. The company is responsible for its debts with all its property. " Article 6 stipulates that "to establish a company, it shall apply to the company registration authority for registration of establishment according to law." Article 23 stipulates that "the establishment of a limited liability company shall meet the following conditions: (1) the number of shareholders shall reach a quorum; (2) The capital contribution of shareholders reaches the minimum statutory capital; (3) Shareholders * * * agree to formulate the Articles of Association; (4) Having a company name and establishing an organization meeting the requirements of a limited liability company; (5) Having a company domicile. " Article 77 stipulates that "the establishment of a joint stock limited company shall meet the following conditions: (1) the promoters meet the quorum; (2) The share capital subscribed and raised by the promoters reaches the minimum statutory capital; (3) The issuance and offering of shares comply with the law; (4) The promoters shall formulate articles of association, which shall be adopted by the founding meeting; (5) Having a company name and establishing an organization meeting the requirements of a joint stock limited company; (6) Having a company domicile. " According to the relevant provisions of the Company Law, the labor dispatch unit must be established according to law, have certain property or funds, have its own name, organization, articles of association and place, and be able to bear civil liability independently. However, China's Labor Contract Law does not stipulate the organizational form of labor dispatch units, so it can be inferred that labor dispatch units can be wholly state-owned companies, limited liability companies or joint stock limited companies. 2. Special Provisions on the Establishment of Labor Dispatching Units According to Article 57 of the Labor Contract Law, the registered capital of labor dispatching units shall not be less than 500,000 yuan. Regarding the registered capital, Article 26 of the Company Law stipulates that "the minimum registered capital of a limited liability company is RMB 30,000." Article 8 1 stipulates that "the minimum registered capital of a joint stock limited company is RMB 5 million." The establishment of a labor dispatch unit must not only meet the basic conditions for the establishment of an enterprise as a legal person in the Company Law, but also meet the special provisions, that is, the registered capital shall not be less than 500,000 yuan. The social risk of labor dispatch is great. In the whole process of labor dispatch, labor dispatch agencies are the main body of labor dispatch, and their strength and credibility are very important to the order and effect of labor dispatch. Moreover, the dispatching agency is a legal employer and must bear all legal responsibilities. If necessary, it is necessary to clarify the cause of the incident with the dispatching company, claim compensation, and may also bear joint liability, which requires the dispatching agency to have considerable financial resources and strength. Therefore, the qualification of dispatched institutions should be more strictly managed than that of general enterprise legal persons. Setting a registered capital of 500,000 yuan can raise the threshold for the establishment of dispatched institutions, exclude enterprises without strength to a certain extent, and better protect the interests of workers.