1, the signing object is different: the labor contract is signed by the employee directly with the employer. The labor dispatch contract is signed by the laborer and the dispatching company, and then the dispatching company issues it to the actual employer.
2. The signing period is different: the signing period of labor contracts is generally long, and a probation period needs to be established as required. Labor dispatch cannot be too long. Generally speaking, the labor dispatch unit is required to conclude a fixed-term labor contract with the dispatched workers for more than two years.
3. Different jobs: Labor contracts are generally paid directly by the company on a monthly basis. Labor dispatch usually means that the employer pays the wages to the dispatching unit, and then the dispatching unit pays the employees.
4. Different positions: the labor contract can be used for all positions of the employer; Dispatch contracts usually apply to auxiliary posts.
5. Different welfare benefits: the state implements a social insurance system for the retirement of labor contract workers. Retirement pension funds are paid by enterprises and employees who sign labor contracts. When the retirement pension is insufficient, the state gives appropriate subsidies. Once the dispatched workers are old and weak, their labor ability declines and the labor contract expires, the dispatching unit will refuse to renew it.
In addition to the * * * characteristics of the contract, the labor contract has the following unique characteristics:
(1) The subject of the labor contract is specific. One party is a laborer, that is, China people, foreigners and stateless people who have the ability to work and act; On the other hand, employers, that is, enterprises, individual economic organizations, institutions, state organs, social organizations and other employers with the right and ability to use labor. In the process of realizing labor, there are subordinate relations between the two sides: domination and being dominated, leadership and obedience.
(2) The content of a labor contract has the unity and correspondence of labor rights and obligations. There are no people who only enjoy labor rights but do not perform labor obligations, and there are no people who only perform labor obligations but do not enjoy labor rights. The labor right of one party is the labor obligation of the other party, and vice versa.
(3) The object of a labor contract is single, that is, labor behavior.
Second, the difference between labor dispatch and labor outsourcing
1, the applicable law is different. Labor dispatch is governed by the Labor Contract Law, and labor outsourcing is governed by the Civil Code.
2. Labor outsourcing can be an individual, legal person or other entity; Labor dispatch units must be legal entities established in strict accordance with the provisions of the Labor Contract Law.
3. The responsible subjects of labor management are different. This is the main difference between the two.
The contracting enterprise does not directly manage the employees of the labor outsourcing unit, and its working form and working hours are determined by the labor outsourcing unit itself; Employees of labor dispatch units must work in accordance with the working forms and working hours determined by the employing units.
4. Labor outsourcing is generally settled according to the pre-determined labor unit price and the workload completed by the labor outsourcing unit, and the contract object is generally "things"; Labor dispatch is generally based on dispatch time and cost, and the cost is settled according to the agreed number of dispatchers. The object of contract is generally "person". In other words, under labor outsourcing, employers buy "labor", while under labor dispatch, employers buy "labor".
5. The consequences of breaking the law are different.
Labor outsourcing is governed by the civil code, and the contractor and the contractor assume rights and obligations according to the contract between the two parties, and the contractor is basically not responsible for the contractor's employees; In the process of labor dispatch, if damage is caused to the dispatched workers, the labor dispatch unit and the employing unit shall bear joint and several liability for compensation according to the Labor Contract Law.
Third, the benefits of labor outsourcing.
1, standardize management and improve employment safety. On the one hand, the contractor is responsible for the trustee's related affairs, providing him with labor consultation and helping to safeguard his legitimate rights and interests from infringement. On the other hand, contractors can effectively avoid employment risks for enterprises by providing relevant policy advice and giving reasonable suggestions.
2, the cost is low, and the enterprise benefit is improved. Through outsourcing, it can save a lot of office expenses for enterprises, reduce the expenditure of software and hardware resources, avoid a lot of mechanical repetitive work of enterprise managers in the relevant personnel management process, and enable managers to devote themselves to other management activities that can effectively add value to enterprises.
3, comprehensive service, improve the enthusiasm of employees. The contractor handles all personnel agency procedures for the custodian, which relieves the worries of employees, makes employees devote themselves to their work, and enhances their sense of responsibility and enthusiasm for the enterprise.
4. Reduce the risk of employing people. Compared with labor dispatch, the employing unit (employer) does not have to bear joint liability.
The above is about the difference between outsourcing contract and labor service contract. Signing a labor contract requires signing a labor contract, which should be signed in accordance with the requirements of the labor contract.