First, whether the labor dispatch company is reliable
1, labor dispatch is a comprehensive human resources professional service. Standardized management system, modern management means, perfect service system and management service quality control standard of labor dispatch units are the basic conditions for the whole process of labor dispatch. Employers and workers should inspect, and the management system, operation mechanism, service items and requirements of labor dispatch units should be analyzed and mastered in detail.
2. Resource reserves of labor dispatch units
High-quality and efficient talent recruitment and flexible employment mechanism are the important purposes for employers to choose the mode of labor dispatch. If a labor dispatch company lays out multiple recruitment markets in cities, counties and districts and sets up different recruitment networks at various levels, the company will have strong strength and more channels for talent reserve and recruitment.
How to choose a reliable labor dispatch company
1, qualification and registered capital of the labor dispatch unit
First of all, it is necessary to review the qualifications of the dispatching unit and confirm that it is an enterprise with independent legal personality registered according to law. If the registered capital is not less than 2 million, then the integrity of such a labor company will be high.
2. Management service concept of labor dispatch units
Have experience in personnel, labor and social security, and have rich experience in agency arrangement in human resources such as personnel service outsourcing, talent leasing, personnel agency and social security agency.
Second, the labor dispatch company qualification requirements
Article 57 of the Labor Contract Law stipulates that a labor dispatch unit shall be established in accordance with the relevant provisions of the Company Law with a registered capital of not less than 500,000 yuan. According to this provision and the relevant provisions of the company law, the establishment of a labor dispatch unit must meet the following conditions:
(1) Subject conditions: It means that shareholders must meet the statutory qualifications and the number of shareholders. Whether the labor dispatch unit takes the form of limited liability or joint stock limited company, its shareholders must meet the statutory conditions and qualifications stipulated in the company law.
(2) Property conditions: the capital contribution of shareholders must reach the minimum statutory capital, which is the capital contribution condition for the establishment of a labor dispatch company. The minimum capital contribution is stipulated to ensure that the property of the labor dispatch company can reach the corresponding scale required for business and operation, and also to ensure the legitimate rights and interests of workers and the stability of labor relations, and to prevent the indiscriminate establishment of labor dispatch units. Therefore, the Labor Contract Law stipulates that the registered capital of the labor dispatch unit is not less than 500,000 yuan.
(3) Conditions of Articles of Association: To establish a labor dispatch unit, shareholders must formulate the articles of association of the labor dispatch company according to the company law. The articles of association of a labor dispatch company is a document that records the basic rules of the organization and behavior of the company. For companies, the articles of association are the most important autonomy rules, and it is a programmatic document with irreplaceable significance for the existence and development of labor dispatch companies.
(4) Organizational conditions: having a company name and a qualified organization are organizational conditions for setting up a labor dispatch company.
(5) Residence conditions: having a company residence is the residence condition for setting up a labor dispatch company.
Third, what are the problems in labor dispatch?
At present, there are not many legislative provisions on labor dispatch in China, and the legislation specifically for labor dispatch is mainly found in some local government regulations and local normative documents, such as the Administrative Provisions of the Beijing Municipal People's Government on the Employment of China Employees in Permanent Representative Offices of Foreign Enterprises and the Interim Measures for the Administration of Labor Dispatch Organizations in Beijing. At present, there is no legislation specifically for labor dispatch in China, and the relevant provisions are scattered in administrative regulations, departmental rules or normative documents of relevant departments in the State Council, and the contents are not much, mainly including: stipulating that labor dispatch units should establish labor relations with workers and fulfill the obligations of employers stipulated in the labor law; Standardize the behavior of domestic labor dispatching units to dispatch employees to overseas employing units; Encourage the development of labor dispatch organizations among rural laborers who have transferred employment and laid-off workers in cities and towns.
Because labor dispatch is a new thing that has developed rapidly in recent years, the relevant legislation level is low, the regulations are imperfect and inconsistent, and there are some problems in practical work: First, the concept of labor dispatch is unclear and inconsistent. For example, in some local regulations, labor dispatch is regarded as a part of professional intermediary, and there is no clear distinction between professional intermediary and labor dispatch, which may confuse the characteristics that dispatching units should establish labor relations with workers as employers. Second, the rights and interests of some workers dispatched by labor services are not guaranteed. Mainly manifested in the fact that some labor dispatch enterprises have small capital, no fixed assets, irregular management, and often do not participate in social insurance, which makes it difficult for workers to protect their labor and social security rights and interests; After some workers are sent to the employing units, the employing units arrange overtime work, fail to arrange workers' holidays according to law, fail to provide working conditions according to the labor service agreement, etc., so that the rights of workers are infringed, and workers are often denied rights relief.
Fourth, what is labor dispatch?
Labor dispatch, also known as talent dispatch, talent lease, labor dispatch and labor lease, refers to the labor contract concluded between the labor dispatch agency and the dispatched workers, and the labor contract relationship exists between the labor dispatch agency and the dispatched workers, but the fact of labor payment occurs between the dispatched workers and the dispatched enterprises (actual employing units).
The essence of labor dispatch is employee leasing, and the word "dispatch" is not suitable for explaining the legal relationship and business characteristics of labor dispatch business activities. However, the word "lease" can summarize all the business characteristics of labor dispatch and reasonably interpret the complicated tripartite legal relationship of labor dispatch.
Lease, like employment, is more suitable for explaining the legal relationship between labor force and work unit.
Labor outsourcing cooperation characterized by production line contracting is not suitable for signing labor dispatch contracts because there is no lease relationship instead of labor dispatch.