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Can the insurance of labor dispatch staff be transferred?
Labor Dispatch (Talent Leasing)

A Talent Leasing i.e. Meaning of Labor Dispatch

Talent Leasing and Labor Dispatch business is a new talent management service project in China's talent market in recent years according to the market demand, and it is a new way of employing people, which can be carried out cross-region and cross-industry. The employer can dispatch all kinds of personnel needed according to its own work and development needs through Vanguard Human Resources Company. After the implementation of labor dispatch, the actual employer and the labor dispatch organization Vanguard Shengshi signed the "Labor Dispatch Contract", Vanguard Shengshi signed the "Labor Contract" with the laborers, and the actual employer and the laborers signed the "Labor Agreement", there is only a relationship of use between the two sides, there is no employment contract relationship.

The role of the second labor dispatch (advantages)

In order to standardize the labor contract system, the implementation of labor contract management in the place of employment, to protect the legitimate rights and interests of employers and workers, according to the requirements of the Ministry of Labor and Social Security, "the employer shall sign labor contracts with employees, pay social insurance for employees and enjoy the benefits in accordance with the provisions of". If the employing unit will regulate all the staff in a short period of time, the workload is very large. Therefore, entrusted to my unit for the company to use personnel to implement labor dispatch, and sign labor contracts with employees is the shortcut.

(1) Adopting labor dispatch as a new type of employment, employees and Vanguard Shengshi signed a Labor Contract, which ensures that both employers and employees comply 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 employer 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) Since the labor relationship is in Vanguard, the management of personnel files should also be in Vanguard, which makes it faster for the laborers to issue all kinds of certificates related to personnel files.

(4) Simple personnel management: the employer only needs to manage the work position, work and content of the dispatched personnel, while the complex labor relations are completed by Vanguard;

(5) Flexible and nimble employment: many employers are in the market economy, and their business is changing very fast, so by adopting this kind of employment, the employer can increase the manpower and improve the performance in the busy time, and reduce the personnel and reduce the cost in the time of business contraction. When the business is shrinking, reduce the number of staff, reduce costs.

(6) Avoiding talent loss: the personal files of dispatched personnel are managed by Vanguard Shengshi, and Vanguard Shengshi is responsible for the management of the dispatched personnel during the contract period, which ensures that the dispatched personnel are at ease and dedicated to their work, and the employing units don't have to worry about talent loss and job-hopping;

(7) Scientifically seeking talents and choosing careers: to the units, they can discover the talents during the dispatched period and focus on cultivating and retaining the talents. Retaining talents. For individuals, they can broaden their employment channels and get more employment choices and opportunities to exercise themselves and show their talents. More importantly, through Vanguard, they can supervise the employers to standardize the employment, provide necessary safety and hygiene conditions, and fight for the legal rights and interests of the dispatched personnel, thus making the dispatched personnel have a reliable mother's home.

Labor dispatch can also be used as a supplementary means of personnel inspection work before the long-term transfer of employees.

In short, the implementation of labor dispatch, maximize the purification of the personnel management functions of the employing enterprises. Reduced the workload of enterprises, so that enterprises can focus on participating in market competition. Streamline 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 the wages of laborers are paid

According to the "Labor Dispatch Contract", the enterprise manages and evaluates the laborers on a monthly basis and determines the total amount of wages payable to the laborers, social security funds, overtime pay and personal income tax, etc., which is transferred to Vanguard Shengshi's financial account at the end of each month, and Vanguard Shengshi pays out the wages of all the laborers on behalf of the laborers, deducts the personal income tax, and withholds the social security fund on behalf of the laborers.

How to do the social insurance for the laborers

According to the regulation that "the employer has to pay the social insurance for the employees", Vanguard Shengshi will deal with the social insurance projects according to the salary base of the laborers proposed by the employer, the specific contents are:

(1) At the beginning of each month, 1-10 days, the employer will pay the social insurance for the month. employing unit to pay the required expenses of social insurance for the month;

(2) Vanguard Shengshi will pay all social insurance expenses for the laborers;

(3) According to the changes of monthly increase and decrease of the laborers, the transfer procedures of social insurance for transferring the personnel into and out of the social insurance will be carried out in time;

(4) When it is in accordance with the entitlement to old age pension, medical treatment, unemployment, and work-related injuries, the expenses will be carried out

(5) applying the requirements of the labor unit to pay the laborers' housing provident fund on behalf of the laborers;

(6) providing the users with the social insurance policy consultation and the publicity of the newly introduced policies of the various social insurances.

V. 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 to avoid the occurrence of work-related accidents. When laborers are injured on duty, they shall be executed in accordance with the relevant provisions of the work injury insurance of the enterprise workers in the place where the laborers are employed. Vanguard will assist the employer in handling work injury claims.

VI How to manage the files of laborers

In order to grasp the situation of laborers in a timely and true manner, the files of laborers are adopted in a unified management mode where possible. The main contents are:

(1) timely transfer of personnel files for labor personnel;

(2) timely recruitment of labor personnel for the new recruitment filing procedures;

(3) commissioned to deal with the various documents for the management of the city of the foreign personnel workers;

(4) in accordance with the regulations on behalf of the materials recorded in the file to prove the formalities (proof of marriage, political examination abroad, etc.), and the calculation of years of service during the filing period, etc.

(5) Upon expiration of the dispatch agreement, renewal or transfer of the file will be handled according to the requirements of the employing units and the laborers.

VII Work to be done by Employing Units

(1) Employing workers should be regulated legally in accordance with the provisions of the Labor Law of the State 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 for their positions 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. Formulation of reward and penalty standards, labor personnel assessment, and in accordance with the provisions of the rewards and penalties.

VIII Employers need to be responsible for what costs

The expenditure items of the employer are: wages of laborers, various social insurance premiums, employee overtime, employee welfare, commissioned by the foreign personnel to handle a variety of documents in Jinan city management handling fees, labor dispatch business management fees and related taxes.

9 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) state-owned enterprises restructuring of the contract system used by the staff.

(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 in the property management industry (various types of technicians, janitorial staff, security guards, horticulturalists, etc.);

(6) Decorators, construction industry all kinds of personnel.

Ten Determination of the Time of Labor Dispatch

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

Eleven laborers are dismissed at will

Taking the labor dispatch mode of employment, the occurrence of the situation, you can take some reasonable and lawful means to reduce the employer's economic losses, reduce the employer's responsibility and risk. But it is not equal to the employer can therefore arbitrarily and without cause dismissal of the labor force used. Employing units and laborers to sign the "labor agreement" should be in line with the requirements of the labor contract management practices in the place of employment, the early termination of the "labor agreement" of the laborers, should be based on the provisions of the labor contract in the place of employment, to meet the conditions of economic compensation to pay financial compensation to the laborers, and shall not be in violation of the provisions of the labor contract, early termination of the labor agreement of the laborers in this category.

Twelve Relevant Government Legal Provisions and Penalties

(1) In accordance with the relevant provisions of the Labor Law, an enterprise must sign a Labor Agreement with its employees, and if it fails to do so and a dispute arises, the labor security administrative department imposes a fine of 500 yuan per person on the employer according to the number of persons who have not signed the Labor Agreement;

(2) In accordance with the provisions of the Labor Law, an Employers are not allowed to collect security deposits, guarantees and other fees in any form, and if they violate the regulations the labor security administrative department imposes a fine on the unit of not less than 1,000 yuan and not more than 30,000 yuan.

(3) In accordance with the provisions of the Labor Law, employers shall pay social insurance for their employees, and administrative sanctions shall be imposed on supervisors and persons directly responsible for violating the provisions, and a late fee of 2 per cent of the unpaid amount shall be added on a daily basis in the case of overdue payment.