Current location - Recipe Complete Network - Catering franchise - Labor subcontracting need security deposit
Labor subcontracting need security deposit
A, whether the labor subcontracting contract need to agree on the bond

1, according to the contract between the two sides. In the signing of the labor subcontracting contract at the same time, the contractor requires the contractor to pay the performance bond is legal, if the contractor does not agree, you can not sign the contract.

2, the law: "Chinese People's *** and National Code"

Article 470 The content of the contract agreed by the parties, generally including the following terms:

(a) the name of the parties or name and residence;

(b) the subject matter;

(c) the number of;

(d) the quality of;

(e) the price or compensation;

(f) the performance of (vii) Liability for breach of contract;

(viii) Methods of dispute settlement. The parties may refer to the model text of various types of contracts to conclude contracts.

The difference between labor subcontracting and labor dispatch

1, the applicable law is different. Labor dispatch applicable labor contract law, involved in labor relations, labor outsourcing applicable contract law.

2, labor outsourcing can be a person, can be a legal person or other entities; labor dispatch unit must be strictly in accordance with the provisions of the labor contract law established by the legal entity.

3, the main body of responsibility for the management of laborers is different. This is the main difference between the two. Contracting companies on the labor outsourcing unit of the employees are not directly managed, the form of work and work time by the labor outsourcing unit to determine their own arrangements; labor dispatch units must be in accordance with the form of work determined by the employer and the work time for labor.

4, labor outsourcing is generally in accordance with the pre-determined unit price of labor according to the labor outsourcing unit to complete the workload settlement, the subject of the contract is generally "things"; labor dispatch is generally in accordance with the time and cost standards, according to the number of people agreed to be dispatched to the settlement of fees, the subject of the contract is generally The subject of the contract is generally "people". Or, labor outsourcing, the contracting party to buy is "labor", and labor dispatch, the employer to buy is "labor".

5, the consequences of illegal different. Outsourcing of labor is applicable to the Civil Code, the contracting unit and the contracting unit according to the contract between the two parties to assume the rights and obligations of the contracting unit, the contracting unit of the contracting unit of the employees basically do not bear responsibility; labor dispatch, to the dispatched workers caused by damage to the labor dispatch unit and the employer in accordance with the "Employment Contracts Act" will be jointly and severally liable for damages.

We can understand for labor subcontracts need to agree on whether the security deposit according to the two sides of the negotiations to decide, if the contractor requires the payment of security deposits, then you have to pay, I hope you can understand. These are the relevant content for you to organize, if there is any doubt, you can consult the relevant lawyers.