Labor dispatch, also known as human resources dispatch, is the labor market in China in recent years, according to market demand for new labor intermediary service projects, is a new way of employing people. Employers can according to their own work and development needs, through the formal labor dispatch company, dispatch the required types of personnel (sales staff \ clerks \ general mechanics \ laborers, etc.). After the implementation of labor dispatch, the actual employer and the labor dispatch organization sign a <> or Dispatch Agreement, the labor dispatch organization signs a <> with the laborers, and the actual employer signs an <> with the laborers.

Two, the role of labor dispatch (advantage) in what?

In order to standardize the labor contract system, to protect the employer and the legitimate rights and interests of workers, according to the requirements of the Ministry of Labor and Social Security "employers to sign labor contracts with employees, pay social insurance for employees, and enjoy the provisions of the various encounters". If the employer in a short period of time to do all the personnel to regulate the use of labor, the workload is very large, so, commissioned the labor dispatch company for the implementation of the company's labor dispatch, and sign labor contracts with the employees is a shortcut --

1, to take the labor dispatch of this new type of labor mode, the employee and the labor dispatch agency to sign the "labor contract", to ensure that the labor contract is signed by the labor dispatch agency, the labor contract is signed by the employee and the labor dispatch agency. Labor Contract", which ensures that the labor and management in compliance with the labor law under the premise of the realization of employment by the legal protection of the rights and interests of employees are also guaranteed. Employees will work harder for the employer due to the protection and constraints of the labor contract, while the original benefits and management system remain unchanged;

2. Enjoy social insurance treatment, according to the state regulations for the dispatched employees to pay the social insurance, the employer and the dispatched employees to pay the social insurance regularly in accordance with the prescribed ratio, the employee because the employer pays the social insurance for his/her, the length of service is extended, unemployment, medical care, work injury, and so on. Extension, unemployment, medical care, work-related injuries and post-retirement life is guaranteed;

3, because of labor relations in the labor dispatch company, so the management of personnel files also labor dispatch company, so that the labor staff to issue a variety of certificates related to personnel files more quickly, in short, the implementation of the labor dispatch, the maximum purification of the management functions of the labor, reduce the workload of the enterprise, so that the enterprise can Concentrate on market competition, rationalize labor relations, standardize the employment behavior, the use of labor units and employees to establish a harmonious and stable labor relations, so for individual workers, change the way the legitimate rights and interests of their own more guaranteed.

Three, how to handle labor dispatch procedures?

Labor dispatch procedures are simple, the employer and the labor dispatch agency signed a "labor dispatch contract", put forward the demand for dispatched personnel (personnel can be recruited by the employer, but also through the labor dispatch company to recruit), to determine the list of employees, and then the labor dispatch agency to handle the employment formalities, the specific procedures for the dispatch procedures are as follows:

1, the employer and labor dispatch The employer and the labor dispatching agency sign the Labor Dispatching 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 clarified according to the Contract Law;

2. The labor dispatching agency and the dispatched employees sign the Labor Contract, stating the name of the enterprise to which the employees are to be dispatched and the positions;

3. The actual employing unit and the dispatched employees sign the Onboarding Agreement, clarifying the labor relationship between both parties and the specific requirements of the duties and responsibilities of the positions they are engaged in.

4. The actual employer and the dispatched employee sign the Induction Agreement, which specifies the labor relationship between the two parties and the specific requirements of the job duties performed.

4. How are dispatched employees paid?

According to the Labor Dispatch Contract, the enterprise manages and evaluates the dispatched employees on a monthly basis, determines the total amount of wages payable to the dispatched employees, social security funds, overtime, personal income tax, housing fund, etc., and allocates them to the dispatched organization's financial account at the end of each month, and the dispatched organization pays all the dispatched employees' wages, deducts the personal income tax, and withholds the social security fund on behalf of the dispatched employees;

V. How is the social insurance of dispatched employees handled? How to handle the social insurance for employees?

According to the provisions of the "employer to pay social insurance for employees", the labor dispatch agency will be dispatched according to the employer's proposed salary base for the dispatched employees, for the project of social insurance, the specific content is--

1, monthly Before the specified time, the employer will pay the required expenses for social insurance for the following month;

2. The labor dispatching agency will pay all social insurance expenses on behalf of the dispatched employees;

3. According to the changes in the monthly increase or decrease of the dispatched employees, transfer procedures for transferring the personnel into and out of the social insurance will be handled in a timely manner;

4. In line with the entitlement to old-age pension, medical treatment, unemployment, and industrial injury, the Handle the reimbursement procedures for various expenses;

5, the application of human units require the payment of dispatched employees housing provident fund;

6, to provide users with various social insurance policy advice and the publicity of various social insurance policies newly introduced.

6. How to solve the problem of work injury of dispatched employees?

1, the employer shall be responsible for the safety management of the workplace, facilities and environment, and provide the necessary labor protection conditions;

2, the dispatching organization will regularly check the safety facilities of the workplace of the dispatched employees, and put forward the safety suggestions for the employer to ensure the safety of the dispatched employees' labor and to avoid the occurrence of occupational injuries;

3, in case of injuries of the dispatched employees due to their work, the The dispatching organization will be responsible for handling work injury claims.

VII. How are the dispatched employees' files managed?

In order to grasp the situation of dispatched employees in a timely and true manner, the unified management mode of dispatched employees' files is adopted, the main contents of which are as follows:

1) Handle the transfer of personnel files for dispatched employees in a timely manner;

2) Handle the recruitment filing formalities for the newly-recruited dispatched employees in a timely manner;

3) Handle the various documents of foreign personnel for labor on behalf of the commission;

4, according to the regulations on behalf of the materials recorded in the file to prove the procedures;

5, the expiration of the dispatch agreement, according to the employing unit and the requirements of the dispatched employees, on behalf of the file renewal or transfer.

VIII. What does the employer need to do?

1, should be in accordance with the provisions of the National Labor Law, the legal standardization of employment, to bear the costs of the dispatched employees;

2, in order to ensure the normal conduct of the labor dispatch business, should be standardized and improve the dispatched employees management system, is responsible for the dispatched employees for job training and skills training;

3, the implementation of the dispatch of labor, the employing unit can focus on how to mobilize the dispatched employees, the work of the employing unit and the dispatched employees. After the implementation of labor dispatch, the employer can focus its work on how to mobilize the work enthusiasm of the dispatched employees, adopt a reasonable reward and punishment mechanism, formulate the reward and punishment standards, assess the dispatched employees and give them rewards and punishments in accordance with the regulations.

9. What costs should be borne by the employer?

The expenses of the employer include: wages of dispatched employees, social insurance premiums, overtime, welfare, union dues, labor dispatch service fees and related taxes.

Ten, what kind of people are suitable for labor dispatch?

Labor dispatch involves a wide range of professions, from management, professional and technical personnel to general staff, can be used in the dispatch mode, the main categories of labor dispatch personnel are:

1, state-owned enterprises restructuring of the contractual staff used.

2, the state institutions supernumerary temporary employees;

3, service industry employees (catering services, room hotel services, etc.);

4, commercial enterprises employees (cashiers, salespeople, clerks, etc.);

5, property management employees (various types of technicians, janitorial staff, security guards, horticulturalists, etc.);

6 Industrial enterprise employees (drivers, storage personnel, general mechanics, laborers, etc.);

(Labor dispatch can also be used as a supplementary means of extending the probationary period of employees.)

Xi. Determination of the duration of labor dispatching

The duration of labor dispatching is determined according to the needs of the employer, and it is generally appropriate to take the medium-term (less than three years), the short-term (one year) and the temporary (less than half a year).

Twelve, dispatched employees can be dismissed at will?

The labor dispatch mode of employment, the occurrence of labor disputes, you can take some reasonable and legal means to reduce the economic loss of the employer, reduce the responsibility and risk borne by the employer, but it does not mean that the employer can be arbitrarily dismissed without cause the dispatched employees.

Thirteen, what are the statutory responsibilities of the labor dispatch unit?

1, the labor dispatch unit must sign a "labor contract" with the employee, if not implemented, the dispute, the labor security administrative department in accordance with the number of people who did not sign the labor contract imposed a fine;

2, the labor dispatch unit shall not be in any form of collection of collateral, deposits and other fees, the labor security administrative department may impose a fine on the violation of the provisions of the unit.

3. Labor dispatch units shall pay social insurance for their employees, and the labor security administrative department may impose administrative sanctions on those units that violate the regulations, and if the payment is not made after the expiration date, the late fee of the unpaid amount shall be added on a daily basis.