Is it considered a regular employee to sign a labor contract with a third party?

Public institutions can entrust a third party to sign a contract, that is, a labor dispatch contract. However, if the employee has signed a direct contract with the public institution before, and now the public institution wants to convert it into a dispatch contract, the employee may not agree, and the employee may request the public institution to pay the severance for the previous length of service.

Labor Contract Law of the People's Republic of China

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Article 59 A labor dispatch entity shall enter into a labor dispatch agreement with the unit that accepts the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement.

The employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

No, it can only be regarded as an expatriate! That is, you are the kind of company that you sent to a third-party company. This is a loophole for some companies to exploit the new labor law!

The employment contract signed with the company is the employee of the company.

1. The difference between a third-party labor contract and a regular employee.

1. The difference between a third-party labor contract and a formal contract is:

1) The signing time is different. The tripartite agreement is signed while the student is in school; The labor contract is signed after the graduates officially report to the unit after graduation and leaving the school;

2) The main body is different. The subjects of the tripartite agreement are the school, the graduates and the employer; The main body of the labor contract is the employee and the employer;

3) The purpose is different. The tripartite agreement is a preliminary agreement between the graduate and the employer on the future employment intention, and is the basis for the preparation of the graduate employment plan and the conclusion of the labor contract between the two parties in the future. The labor contract is mainly to ensure that the legitimate rights and interests of the employee and the employer are duly protected after the establishment of the labor relationship.

2. Legal basis: Article 8 of the Labor Contract Law of the People's Republic of China.

When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, work safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Article 10. To establish a labor relationship, a written labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

2. What is the process for terminating the tripartite agreement of the labor contract?

If the tripartite agreement of the labor contract is terminated, the specific process is as follows:

1. Communicate directly with the employer, under normal circumstances, the HR of the other company will be able to understand the approach, and the company will recruit more people every year, because there will be some people who want to break the contract, as long as the explanation is clear, let them issue a termination letter;

2. The breach of contract on the tripartite agreement is resolved, and some companies will specify the breach of contract in the tripartite agreement when signing a contract with the student;

3. After termination, a new tripartite agreement needs to be issued, and after the termination is proposed, the school career center generally requires the student to issue a termination letter from the original contracted enterprise or send back the tripartite agreement to re-sign a new company for the new tripartite agreement student;

4. When the tripartite agreement is signed, the general enterprise will sign the tripartite agreement after confirming the employment, but if you have graduated or are about to graduate, you can directly sign a labor contract with the enterprise.

The third-party contract means that when the employee enters the enterprise to work, he does not sign a labor contract with the enterprise, but signs a labor contract with the human resources company (i.e., a third party) outsourced by the enterprise, so the employee to work in the enterprise is in the nature of dispatch, not a formal employee of the enterprise.

Regular employees refer to employees who sign long-term labor contracts with employers in opposition to non-regular employees, that is, employees under the labor contract system, and enjoy the wages and benefits stipulated by the state.

Legal basis. Article 7 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Establishment of Labor Relations] An employer shall establish an employment relationship with an employee from the date of employment. The employer shall establish a roster of employees for future reference.

Article 8 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Employer's Obligation to Inform and Employees' Obligation to Explain] When an employer recruits a worker, it shall truthfully inform the employee of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information that the employee requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

The differences between third-party labor contracts and regular employees are as follows: 1. The signing time is different. The tripartite agreement is signed by the student during the school, and the labor contract is signed after the graduate graduates officially report to the unit after graduation. 2) The main body is different.

The main body of the tripartite agreement is the three parties, i.e., the school, the graduate and the employer; The main body of the labor contract is two parties, namely the employee and the employer; 3. The content is different. The main content of the tripartite agreement is that the graduates truthfully introduce their own situation and express their willingness to work in the employer, the employer expresses its willingness to accept the graduates, and the school agrees to recommend the graduates and include them in the employment plan; The labor contract is a record of the rights and obligations of the employee and the employer, and is the legal evidence for the establishment of the labor relationship. 4. The purpose is different. The tripartite agreement is a preliminary agreement between the graduate and the employer on the future employment intention, and is the basis for the preparation of the graduate employment plan and the conclusion of the labor contract between the two parties in the future.

The labor contract is mainly to ensure that the legitimate rights and interests of the employee and the employer are duly protected after the establishment of the labor relationship. Legal basis: Article 3 of the Labor Contract Law of the People's Republic of China The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.

The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.