Labor dispatch company is legal?
This question first depends on what you mean, if he is through the normal procedures for business registration of the company he is legal. If you are referring to his services to see you refer to the following information: labor dispatch questions and answers 1, labor dispatch in the dispatch unit, the employer, the relationship between the three workers? The labor dispatch system is composed of dispatching units, employers, workers, the three parties are both interconnected and independent of each other, a kind of labor and personnel **** the same body. Simply put: the dispatching unit and the employer sign the Labor Dispatch Contract, the dispatching unit dispatches personnel to the employer and signs the Labor Contract with the dispatched personnel, the dispatched personnel provide labor for the employer, and the employer supervises and guides the dispatched personnel's labor. The employer pays the relevant fees to the dispatching unit, and the dispatching unit pays the wages of the dispatched personnel. 2、What is the role of labor dispatch? In order to regulate the labor contract system and protect the legitimate rights and interests of employers and workers, according to the requirements of the Ministry of Labor and Social Security, "employers should sign labor contracts with employees, pay social insurance for employees, and enjoy the treatment according to the regulations". If the employing unit will do all the personnel in a short time to standardize the employment, the workload is very large. Therefore, it is a shortcut to entrust the labor dispatch company to implement labor dispatch for the company to use the personnel and sign labor contracts with the employees. (1) Adopting labor dispatch as a new type of employment, employees and labor dispatch agencies to sign a "labor contract" to ensure that both employers and employees in compliance with the labor law under the premise of labor protection, and the rights and interests of the employees are also guaranteed. Employees will work harder for the employing organization due to the protection and constraints of the labor contract, but the original welfare treatment and management system remain unchanged. (2) Enjoying social insurance treatment. According to the state regulations, laborers are required to pay all kinds of social insurance, and the employing unit and laborers pay social insurance regularly according to the prescribed ratio. Employees, because the labor unit pays social insurance for them, have their length of service renewed, and have protection for unemployment, medical care, work-related injuries, and post-retirement life. (3) Since the labor relationship is in the labor dispatch company, the management of personnel files should also be in the labor dispatch company, so that the laborers can issue various certificates related to personnel files more quickly. In short, after the implementation of labor dispatch, the maximum purification of the management function of labor. Reduced the workload of enterprises, so that enterprises can concentrate on participating in market competition. It has rationalized labor relations, standardized labor practices, and established a harmonious and stable labor relationship between labor units and laborers. Therefore, for individual workers, change the way of employment after their legitimate rights and interests are more guaranteed. 3、How to handle the labor dispatch procedure? Labor dispatch procedures are simple, the employer and the labor dispatch agency to sign a "labor dispatch contract", put forward the demand for the dispatch of laborers (laborers can be recruited by the employer, but also through the labor service companies), to determine the list of employees, and then the labor dispatch agency to handle the employment procedures. The specific procedures for dispatching are as follows: (1) The employing unit and the labor dispatching agency sign the Labor Dispatching Contract. The employer and the labor dispatching agency sign the Labor Dispatching Contract, which specifies the responsibilities and obligations of both parties under the premise that both parties abide by the Labor Law of the State. (2) The labor dispatching agency signs the Labor Contract with the laborers. Sign Labor Contracts with all laborers, stating the name and position of the enterprise to which they are dispatched. (3) Signing of the Labor Agreement between the actual employer and the laborer. Specify the labor relations between the two parties and the specific requirements of the duties and responsibilities of the jobs performed. (4) How are the wages of laborers paid? According to the Labor Dispatch Contract, the enterprise manages and evaluates the situation of laborers on a monthly basis, determines the total amount of wages payable to the laborers, social security funds, overtime, personal income tax, etc., and allocates them to the financial account of the dispatching agency at the end of each month, and the dispatching agency will pay all the wages of the laborers, deduct personal income tax and social security funds on behalf of the laborers. 5、How to handle social insurance for laborers? According to the provisions of the "employer to pay social insurance for employees", the labor dispatch agency will be based on the employer's proposed salary base for laborers, the project for social insurance, the details are: (1) the beginning of each month, 1-10 days, the employer to pay for the month's social insurance costs; (2) the labor dispatch agency for the laborer to pay the social insurance costs; (3) the employer to pay the social insurance costs; (4) the employer to pay the social insurance costs; (5) the dispatch agency to pay all the social insurance costs; (6) the employer to pay the social insurance costs. (2) the labor dispatch agency for the laborers to pay the social insurance fees; (3) according to the monthly increase or decrease of laborers changes, timely transfer procedures for transferring personnel into and out of the social insurance; (4) meet the old age, medical care, unemployment, work-related injuries should be entitled to the treatment, for reimbursement of expenses; (5) the application of the employer's request to pay the laborers' housing provident fund; (6) to provide the user with the policy advice on the social insurance and the various new social insurance policy publicity. (6) Providing users with policy consultation on social insurance and publicizing the newly introduced policies of social insurance. 6、How to solve the problem of work injury of laborers? The employer shall be responsible for the safety management of the workplace, facilities and environment, and provide the necessary labor protection conditions to ensure the labor safety of the laborers and avoid work-related accidents. When laborers are injured on duty, the dispatching organization will be responsible for the compensation of work injury. 7、How are the files of laborers managed? In order to timely and truly grasp the situation of the laborers, the files of the laborers are managed in a unified way when possible. The main contents are: (1) timely transfer of personnel files for laborers; (2) timely recruitment of new laborers for the record for the record procedures; (4) commissioned to handle a variety of documents for foreign workers; (5) according to the regulations on behalf of the materials recorded in the file to prove the formalities. (6) Upon expiration of the dispatch agreement, according to the requirements of the employing unit and the laborers, the files will be renewed or transferred on behalf of the employing unit. 8、What does the labor employer need to do? (1) In accordance with the provisions of the Labor Law of the State, the employer shall legally regulate the employment of laborers and bear the expenses of the laborers. (2) In order to ensure the normal operation of the labor dispatch business, it should standardize and improve the management system of the laborers, and be responsible for the training of the laborers on the post and the appropriate skills training. (3) After the implementation of labor dispatch, the employer can focus on how to mobilize the enthusiasm of the laborers and adopt a reasonable reward and punishment mechanism to create greater economic benefits for the employer. Formulate the reward and punishment standards, assess the labor personnel and give rewards and punishments in accordance with the provisions. 9、What expenses should be borne by the employer? The employer's expenses include: wages of laborers, social insurance premiums, employee overtime, employee welfare costs, commissioned by the field personnel to handle a variety of documents handling fees, labor dispatch business management fees and related taxes. 10、What kind of personnel is suitable for labor dispatch? Labor dispatch involves a wide range of professions, from management personnel, professional and technical personnel, to general laborers, can be used in the dispatch mode. At present, the main categories of labor dispatch personnel are: (1) contract staff used by state-owned enterprises after restructuring. (2) Employees employed on a supernumerary basis by state institutions; (3) Employees in the service industry (food and beverage service, room and hotel service, etc.); (4) Employees in commercial enterprises (salespersons, etc.); (5) Employees in the property management industry (various types of technicians, janitorial staff, security guards, horticulturalists, etc.); and (6) Various types of personnel in the decorating and construction industries. Labor dispatch can also be used as a supplementary means to extend the probationary period of employees.11. How is the duration of labor dispatch determined? The duration of labor dispatch is determined according to the needs of the employer, generally medium-term (less than three years), short-term (one year) and temporary (less than half a year) is appropriate. 12, is the laborer resigned at will? 12. Are laborers dismissed at will? Adopting the employment mode of labor dispatch, for the occurrence of the situation, can take some reasonable and lawful means to reduce the economic loss of the employing unit, reduce the responsibility and risk borne by the employing unit. However, it does not mean that the employer can dismiss the laborers at will and without reason.13. What are the legal responsibilities of the labor dispatching unit? (1) The labor dispatching unit must sign the Labor Contract or the Labor Service Contract with the employees, if it is not implemented and a dispute occurs, the labor security administrative department will impose a fine on the employing unit according to the number of people who have not signed the labor contract; (2) The labor dispatching unit shall not collect the collateral, deposit and other fees in any form, if it violates the regulations, the labor security administrative department will impose a fine on the unit. (3) The labor dispatching unit shall pay social insurance for the employees, and administrative sanctions shall be imposed on the supervisors and persons directly responsible for the violation of the regulations, and the late payment fee shall be added to the unpaid amount on a daily basis in case of overdue payment.14. What is the general business procedure of labor dispatch? (1) Business Consultation: Preliminary understanding of both parties' intention and confirmation of the company's legal qualification (2) Requirements of Employer: Employer puts forward the needs and standards of employment according to its own situation (3) Analysis and Inspection: Based on the requirements of the employer, the employer understands the actual working environment and positions, and if necessary, conducts an inspection. Determine the method of recruiting laborers (4) Propose dispatching plan: according to the requirements of different employers and the existing situation, formulate the labor dispatching plan (5) Negotiate the plan: both parties study and negotiate the content of the labor dispatching plan, and modify and improve the dispatching plan under the premise of lawful employment (6) Signing of Labor Dispatching Contract: clearly define the rights and obligations of both parties, clarify the legal responsibilities, and legally sign the labor dispatching contract (7) Implementation: Strictly implement the agreements of the Labor Dispatch Contract.15. How is the recruitment process of laborers? (1) Generally, the employer is responsible for recruitment and interviews, and after determining the qualified personnel, the employer will submit the list of laborers to the company and the company will handle the dispatch procedures. (2) If the employer needs, it can also recruit through our company, in principle, the employer must send someone to attend the interview, after passing the interview, the employer will determine the list of laborers to be hired, and the company will handle the dispatch procedures. (3) If the employer has its own specific recruitment channels (e.g. a certain region in foreign province), it can also entrust the Company to carry out the recruitment work.16. How can the employer follow up and check the service quality of labor dispatch? The employer shall designate one or more consultants to undertake the above or based on the actual work needs, to communicate and solve the problems in time. At the same time, it should regularly follow up the situation of labor dispatchers to understand the user's satisfaction and suggestions. According to these feedbacks to continuously modify and improve the process and services of labor dispatch