In the event of a labor dispute, the object of arbitration or litigation for the dispatched person is the intermediary or labor company, not the hiring party.
These two points are very different from general employment. As for the wages and salaries, etc., you can not refer to the Labor Contract Law, but rather the agreement signed between the agency or labor company and the hiring party.
Specifically, you can see below, just a little more.
Labor dispatch business is the human resources market in China in recent years in accordance with the social needs of the new talent intermediary service projects, is a new way of employing people, can be cross-region, cross-industry. Employers can according to their own work and development needs, through the formal labor service companies, dispatch the various types of personnel needed. After the implementation of labor dispatch, the actual employing unit and the labor dispatching organization sign the Labor Dispatch Contract, the labor dispatching organization signs the Labor Contract with the laborers, and the actual employing unit signs the Labor Agreement with the laborers, and there is only the relationship of use between the two parties, not the relationship of employment contract. A labour dispatch enterprise is an enterprise that organizes the re-employment of laid-off workers in the form of labour export, with labour services as its business project. The formation of labor dispatch enterprises is a more secure measure to promote employment for laid-off workers who are older, have a certain degree of employability or are more dependent on the enterprise. Through the labor dispatch enterprises and employers to negotiate the conditions of labor import and export, to avoid the laid-off workers in the process of individual job-seeking all kinds of discrimination, standardize the employers of labor import and export behavior, is conducive to the healthy and orderly development of the labor market.
The role of labor dispatch (advantages)
Related Information:What is "labor dispatch"?
Labor dispatch is a new type of employment mode of diversification, flexibility and elasticity in which the labor relationship and the main body of the employer are separated, the essence of which is that the employer leases the labor force to the dispatching agency, and separates the employer from the manager.
① There are three main labor dispatch: dispatch agencies, dispatched employees, employers.
② Dispatching agencies in accordance with the conditions and requirements of the employer to recruit employees, and sign labor contracts with them, the establishment of labor relations: pay their wages, pay social insurance, and other labor security matters: but not directly using the staff.
3) The employer only manages to use the employees sent by the dispatching agency, and does not sign labor contracts with them or establish labor relations.
④ The dispatched employees are under the dual management of the dispatching organization and the employer for their positions at the same time, and as employees of the dispatching organization, they must complete the tasks according to the quantity and quality required by the employer.
Labor dispatch is different from traditional labor intermediary also lies in the effective use of employment resources. Labor dispatch companies through the labor market at all levels, the talent market, street, community labor security services, information collection and guidance, and relying on the province's skills training institutions at all levels, for the implementation of the employees of the province, outside the province, outside the employment of various links need to carry out various types of training, consulting, and other services such as a one-stop agency, and thus realize the equal employment of urban and rural workers from the spontaneous disorder to the law in an orderly manner transfer.
Labor dispatch as a form of employment has many advantages.
I. Advantages of the employer:
①Convenient and professional personnel management. The employer does not need special personnel, institutions to manage the dispatched personnel, the use of these personnel, according to the needs of the post, put forward the employment needs of the labor dispatch agency responsible for the dispatch of employees, specific day-to-day management of labor affairs, including the termination of labor relations and other matters, all by the dispatch company is responsible for the completion of the usual as long as the dispatched employees to make the relevant provisions of the management of the assigned work task management, The dispatching company is responsible for all the specific daily labor affairs management, including the termination of labor relations. At the end of the contract period, the contract with the labor dispatching company is terminated, and the employer takes the initiative to decide whether to renew the contract or not. The employer can increase the number of staff when the business increases and decrease the number of staff when the business decreases, so the employer is very flexible and maneuverable.
②Reduce the employer labor disputes. In China's relevant laws, regulations and relevant policies under the guidance of the employer and the dispatch company signed a dispatch service agreement, the dispatch company signed a labor (employment) contract with the dispatched employees, the employer and the dispatched employees is only a paid relationship. In this way, the employer can avoid disputes with dispatched employees in labor relations.
3 Favorable to the employer to solve the problem of "easy to get in, difficult to get out". Now the employer to use more time and stage, the employer to use the staff is the most worried about "people come in, have to manage - life" mode of employment. The form of labor dispatch lifts the employer's worries, dispatched employees wherever they work, the labor relationship is always in the labor dispatch company, and the employer does not exist in the labor relationship.
4 institutions, through the form of labor dispatch, not only to solve the institutions and institutions employing people by the establishment and indicators of the limitations of the problem, but also to avoid the recruitment, severance of employees and other annoying problems brought about by the disturbance, improve the efficiency of institutions.
Second, the advantages of the workers
①Can fully reflect the individual's choice of career autonomy. Because of the individual labor relations and files, social insurance relations are all established in the labor dispatch company, an employer dispatched at the end of the period, to be able to carry out mobility without obstacles, and to re-select a better job to give full play to their talents.
② In the labor dispatch contract, the labor dispatch company to become the main employer, in the dispatch of employees' wages and compensation, social insurance, welfare benefits in the implementation of the national laws and policies to operate in strict accordance with the maximum protection of the lawful rights and interests of the employed employees.
3) After the implementation of labor dispatch, individuals can legally establish multiple labor relations, without affecting the original premise of the work to seek more opportunities and space to give full play to their talents.
In short, after the implementation of labor dispatch, maximize the purification of the management function of labor, reduce the workload of the employing unit, so that enterprises can focus all their energy to participate in the market competition; rationalize the labor relations, standardize the behavior of the employing unit and laborers to establish a harmonious and stable labor relations. At the same time, after changing the way of employment, the legitimate rights and interests of workers are more protected.
In order to standardize the labor contract system, the implementation of the "Beijing Municipal Labor Contract Management Measures", to protect the legitimate rights and interests of employers and workers, according to the requirements of the Ministry of Labor and Social Security departments employers have to sign a labor contract with the employees, pay social insurance for the employees, and enjoy the provisions of the various entitlements. If the employing unit will make all the personnel to regulate the employment in a short time, the workload is extremely large. Therefore, entrusting our unit to implement labor dispatch for the company's use of personnel and sign labor contracts with employees is the shortcut.
(1) the adoption of labor dispatch this 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 premise of the labor law to achieve the employment of legal protection, 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 benefits and management system remain unchanged.
(2) Enjoy social insurance treatment. According to the state regulations for laborers to pay all kinds of social insurance, the employing unit and laborers according to the prescribed proportion of regular payment of social insurance. Employees, because the employing unit pays social insurance for them, have their working years renewed, and their unemployment, medical care, work injuries and post-retirement life are guaranteed.
(3) Because the labor relationship in the labor dispatch company, so the management of personnel files should also be in the labor dispatch company, so that the laborers to issue a variety of certificates related to personnel files more quickly.
In short, after the implementation of labor dispatch, maximize the purification of the management function of labor. Reduced the workload of enterprises, so that enterprises can focus on participating in market competition. Straighten the labor relations, standardize the employment behavior, the use of labor units and laborers to establish a harmonious and stable labor relations. Therefore, for individual workers, change the way of employment after their legitimate rights and interests are more guaranteed.
How to handle labor dispatch procedures
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 the dispatch procedures are as follows:
(1) The employer and the labor dispatch agency sign the Labor Dispatch Contract. On the premise that both parties abide by the national Labor Law, the responsibilities and obligations of both parties of the labor dispatch contract are clearly defined.
(2) The labor dispatching agency signs the Labor Contract with the laborer. In accordance with the Measures for the Administration of Labor Contracts in Beijing, a Labor Contract is signed with all laborers, indicating the name and position of the enterprise to which they are dispatched.
(3) The actual employer and the laborers sign the Labor Agreement. It specifies the labor relations between the two parties and the specific requirements of the duties and responsibilities of the jobs performed.
How wages are paid to laborers
According to the agreement of the Labor Dispatch Contract, the enterprise manages and evaluates the situation of the laborers on a monthly basis, determines the total amount of wages payable to the laborers, social security funds, overtime pay, and personal income tax, etc., and transfers them at the end of each month to the financial account of the dispatching organization, which pays all the wages of the laborers, withholds personal income tax, and deducts the social security funds on behalf of the dispatching organization.
How to do social insurance for laborers
According to the provision of "employers should pay social insurance for employees", the labor dispatching agency will handle the social insurance items according to the salary base of laborers proposed by the employer, the specific contents are:
(1) Monthly social insurance required expenses are paid by employers for the current month;
The employers should pay the social insurance required expenses for the current month. social insurance expenses for the month;
(2) The labor dispatching agency will pay all social insurance expenses for the laborers;
(3) According to the changes in the monthly increase or decrease of the laborers, the transfer procedures for transferring the personnel into and out of the social insurance will be handled in a timely manner;
(4) The reimbursement procedures for the expenses will be handled in accordance with the entitlements to old age pension, medical treatment, unemployment and work injury;
(5) The reimbursement procedures will be handled according to the salary base proposed by the employer.
(5) applying the requirements of the employer to pay the laborers' housing fund on behalf of the employer;
(6) providing the users with policy consultation on social insurance and publicizing the newly introduced policies on social insurance.
How to solve the problem of work-related injuries 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 in the course of their work, they shall be executed in accordance with Article 47 of the Provisions on Work-Related Injury Insurance for Workers in Beijing Enterprises, which stipulates that "if an employee is seconded, employed or exported for labor service and suffers a work-related injury, the seconding, employing or labor importing unit shall bear the responsibility for work-related injury insurance". The dispatching organization will assist the employing unit in handling work injury claims.
How to manage the files of laborers
In order to grasp the situation of laborers in a timely and truthful manner, the files of laborers are managed in a unified manner where possible. The main contents are:
(1) timely personnel file transfer procedures for laborers;
(2) timely recruitment of laborers for the new recruitment procedures for the record;
(3) commissioned to handle the city of Beijing, foreign personnel workers city management of a variety of documents;
(4) in accordance with the provisions of the relevant files on behalf of the materials recorded in the proof of formalities (marriage, proof of departure, etc.). Proof of marriage, political examination abroad, etc., and calculation of working age during the filing period;
(5) Upon expiration of the dispatch agreement, renewal or transfer of the file according to the requirements of the employing unit and the laborers
What the employing unit needs to do
(1) It should legally regulate the employment of laborers in accordance with the provisions of the State Labor Law 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 labor force, to take reasonable incentives and penalties to the employer to create greater economic benefits. The development of reward and punishment standards, the assessment of labor personnel, and in accordance with the provisions of the reward and punishment
What costs should be borne by the employer
The employer's expenditure items are: wages of laborers, social insurance premiums, overtime, employee welfare, labor dispatch business management fees and related taxes.
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 dispatchers are:
(1) Contract employees 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 of commercial enterprises (salespersons, etc.);
(5) Employees of the property management industry (various types of technicians, janitorial staff, security guards, horticulturalists, etc.);
(6) Decorators, construction industry personnel of all types.
Labor dispatch can also be used as a complementary means of personnel inspection prior to the permanent transfer of employees.
Determination of the duration of labor dispatch
The duration of labor dispatch is determined according to the needs of the employer, and it is generally appropriate for the medium-term (less than three years), short-term (one year) and temporary (less than half a year).
Whether the laborers are dismissed at will
Taking the labor dispatch mode of employment, the employer can take some reasonable and lawful means to reduce the economic loss of the employer and alleviate the responsibility and risk borne by the employer in case of occurrence. But it is not equal to the employer can therefore arbitrarily and without cause dismissal of the labor force used. The Labor Service Agreement signed between the employing unit and the labor service personnel shall comply with the requirements of the "Beijing Municipal Labor Contract Management Measures", and for the labor service personnel who terminate the Labor Service Agreement in advance, the employing unit shall, according to Article 38 of the "Beijing Municipal Labor Contract Provisions", pay economic compensation to those labor service personnel who meet the conditions for economic compensation, and shall not violate the provisions of Article 33 of the "Beijing Municipal Labor Contract Provisions" by terminating the "Labor Service Agreement" of the labor service personnel of the said category in advance. of the Labor Agreement.
Procedures of labor dispatching business of our company
(1) Business consultation: preliminary understanding of the intention of both parties, confirming the legal qualification, exchanging the basic situation of the company and explaining it;
(2) Requirements of employers: employers put forward the needs and standards of employing people according to their own situation;
(3) Analysis and inspection: based on the requirements of employers, the actual working environment and positions will be examined and analyzed. The actual working environment and positions can be analyzed and inspected if necessary. 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: the two sides will study and negotiate the content of the labor dispatching plan, and modify and improve the dispatching plan under the premise of legal employment;
(6) Sign the "Labor Dispatch Contract": specify the rights, obligations and legal liabilities of both sides. (6) Signing the Labor Dispatch Contract: Define the rights and obligations of both parties, distinguish the legal responsibilities, and sign the Labor Dispatch Contract in accordance with the law;
(7) Implementation: Strictly implement the agreements of the Labor Dispatch Contract.
Recruitment of laborers
(1) Generally, the employer is responsible for the recruitment and preliminary examination of interviews, and after determining the qualified personnel, submits the list of laborers to the Company, which handles the dispatch procedures.
(2) If the employer needs, can also be through the company for recruitment, in principle, the employer must be sent to participate in the interview preliminary examination, after the interview, the employer to determine the list of laborers, the company for dispatch procedures.
(3) If the employer has its own specific recruitment channels (e.g., a region in a foreign province), it can also entrust the Company to carry out recruitment work.
Labor Dispatch Business Quality Service
We will appoint one or more consultants for the employer to undertake the above or based on the actual work required, and to communicate and solve any problems that arise in a timely manner. At the same time, we will regularly follow up the situation of the laborers and make return visits to understand the user's satisfaction with the work of our company and suggestions. The company will continue to modify and improve to improve the service level of the labor dispatch business based on these feedbacks.
Labor Affairs Consulting Services
The company will provide year-round labor affairs consulting services to all units that cooperate with us. Using our professional knowledge and years of experience, we assist the employing units to establish and improve the management system, and labor policy consultation. The company has a long time engaged in labor and personnel management professionals, and hired a number of government labor and personnel departments in office or retired experts as consultants, experienced, proficient in labor and personnel policy, appropriate countermeasures, can provide enterprises with good labor affairs consulting services.
What is personnel agency?
Personnel agency refers to the legal personnel exchange service agencies, the employer or individual personnel affairs related to the social management and service work. Personnel agencies do not have an administrative affiliation with the unit or individual being represented.
Personnel agency management and service work, in accordance with the relevant national personnel reform laws and regulations, to achieve standardized, thoughtful, high-quality and efficient.
The way of personnel agency
Employing units and individuals to implement the voluntary commissioning of the agency, can be a long-term agency, can also be a short-term agency, the unit agency can be implemented in the whole agency, can also be implemented in part of the staff agency.
Personnel agency objects
(1) units in the staff, hired contract staff, temporary workers
(2) mobile staff
Personnel agency projects
(1) for the entrusted unit or individual management of personnel records, according to the policy for the identification of the work, the calculation of the age of the archives, salary adjustments, the transfer of grades, the declaration of title promotion, the verification of titles, abroad, the declaration of the work, and the verification of titles, and the verification of the work, and the verification of the work.
(1) Managing personnel files for entrusted units or individuals, handling procedures such as identification, calculation of length of service, adjustment of salary on file, transfer and grading, declaration of title promotion, verification of title, and political examination for going abroad.
(2) Collecting, arranging and filing archive materials and issuing certificates related to archive records
(3) Managing the party organization relationship for the entrusted unit and the household registration relationship for the introduction of outstanding talents.
(4) To organize all kinds of social insurance and housing fund on behalf of the entrusted unit.
(5) Conducting quality assessment for the personnel employed by the entrusted organization.
(6) To provide personnel policies, regulations and consulting for the entrusted unit, assist in the formulation of personnel work plan and human resources development, allocation plan, and comprehensive management of personnel business.
(7) for the entrusted unit or individual for the policy of other personnel business.