Why do enterprises need labor dispatch? What is a labor dispatch company?

First, flexible employment.

The essence of labor dispatch is to meet the flexible employment needs of enterprises, and now the labor cost is getting higher and higher, but for many enterprises, in order to meet the demand, enterprises have increased the flexible employment method of labor dispatch in addition to the fixed employment method. Flexible employment is a supplement to fixed employment, and it is also a trend of enterprise employment in an uncertain economic environment.

Second, personnel reserves.

In the past, in order to face the increasingly rapid changes in the product market, enterprises often adopted personnel reserve measures, so there was always a part of the surplus personnel in the enterprise. Since the establishment of labor dispatch agencies, companies are increasingly meeting the demand for temporary labor caused by unforeseen production fluctuations. This can greatly reduce labor costs.

Third, employment risks.

Reducing or avoiding risks can help companies avoid unnecessary losses. Many sharing economy enterprises want to solve the employment risk problem of enterprises through labor dispatch. After all, the labor dispatch company is not an insurance company, but the labor dispatch company has rich experience in dealing with employment risks, and Xu Cheng can help customers reduce employment risks to the greatest extent through professional legal knowledge, strict legal texts, and legal employment methods.

Fourth, the risk of disputes.

If an employer uses a labor dispatch employee, since the relationship between the two parties is not an employment relationship, the dispute between the two parties is not a labor dispute, and if the employee files a labor arbitration complaint, the labor dispatch enterprise shall be the respondent, and the actual employer may only participate in the arbitration as a third party when necessary. As a result, the risk of labor disputes is reduced.

1. Avoid labor disputes between enterprises and employees. The employer may return the employee to the leasing company for reasons such as violation of rules and disciplines, so as to avoid direct labor disputes between the employer and the employee.

2. Save recruitment costs and reduce employment costs. If the employer needs labor personnel, it only needs to send the detailed recruitment brochure to the labor dispatch company, and the labor dispatch company will organize the labor personnel, saving the employer various expenses, time and energy when recruiting and organizing labor personnel. Due to the characteristics of the dispatch company, the social insurance payment base and the place of insurance can be set by themselves, which enables the employer to reduce a certain amount of social insurance costs and save employment costs for the employer.

3. Enhance the flexibility of the employer's employment style. R&D institutions and production-oriented enterprises adopt the form of talent dispatch, which can increase or decrease personnel with the change of business volume. When the employer needs to hire people for a certain project, it leases all kinds of personnel required by the talent leasing company, and returns them when it is not needed, which saves the cost of "raising talents with high salaries" and realizes the employment mechanism of "not asking for everything, but seeking to use".

4. Enterprises can reduce some legal liabilities and reduce risks. The labor inspection department can generally be received by the personnel labor service company to check whether the employment is standardized, whether the social insurance has been paid, etc., and the personnel labor service company will generally handle the occurrence of work-related accidents or labor disputes.

What is shared risk-taking, cost saving, flexible mechanism, and resource conservation, it's all nonsense, and if it's those who really do labor expatriate work, then there's nothing to say. However, for the kind of situation in China where you work in the same position in the same company for a long time, but only sign a labor contract, the only purpose is to save money [regular employees can get a high salary, and labor workers can only get a basic salary, and basically have no other benefits], and the second is to avoid the high price to be paid for the dismissal of regular employees [if the regular employees of the enterprise are dismissed without a valid reason, they need to be notified one month in advance, or compensate for one more month's salary when compensating, in addition, the employee in the company for every full year, Even if the employee is dismissed by the employing company, as long as the labor exporting company continues to look for a job in another company, if the employee is unwilling to change companies and positions, then it is very likely that he will not receive any compensation

This is my first-hand experience with some of the companies that I have recently come into contact with that use dispatched employees!!

The main factors to be considered by enterprises in the use of labor dispatch are:

The establishment of its own enterprises is insufficient, and it is impossible to directly employ workers;

The company's own recruitment channels cannot meet the employment needs;

Transfer employment risks and minimize employment risks.

If your company has labor dispatch needs, you can contact a professional labor dispatch company for detailed consultation.

Human resources at the same level are simply as follows: 1. Risk avoidance (mainly refers to labor disputes or corresponding compensation, your company and the labor dispatch company will share the risk, rather than your company alone.) ）；Second, save the company's expenses (the company's investment in the human resources department will be much less); Third, the mechanism is flexible (the time and demand for employment can be flexibly adjusted); Fourth, the responsibility is clear, saving labor resources (mainly refers to the company may need to carry out the required labor services for a labor project in a stage, if it is only a temporary need for a certain type of technical talents, you can ask the personnel of the labor company to help hire for this project, it is just a phased employment, which is more practical for talents and the company.)

However, at present, China's labor dispatch market is not very perfect, and the corresponding supporting measures are not satisfactory, so it is advisable for you to further understand the advantages and disadvantages brought by labor dispatch.

1) The cost of using regular workers is very high, and if the company uses dispatched workers, the recruitment of employees is done by the labor service company to save costs; (2) Enterprises can avoid risks by using dispatched workers; (3) It is more convenient for enterprises to use dispatched workers and flexible employment.

A labor dispatch company is a type of labor service company. The following conditions shall be met to operate a labor dispatch business:

1) The registered capital shall not be less than RMB 2 million;

2) Have a fixed place of business and facilities suitable for carrying out business;

3) Have a labor dispatch management system that complies with the provisions of laws and administrative regulations;

4) Other conditions provided for by laws and administrative regulations.

To operate labor dispatch business, it shall apply for an administrative license from the labor administrative department in accordance with the law; If it is permitted, the corresponding company registration shall be handled in accordance with the law. Without permission, no unit or individual may operate labor dispatch business.

The labor dispatch entity is the employer, and shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay 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.

The unit that accepts the employment in the form of labor dispatch is the actual employing unit, and the labor dispatch unit shall enter into a labor dispatch agreement with the unit that accepts the employment in the form of labor dispatch. 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. Legal basis:

Article 57 of the Labor Contract Law stipulates that the following conditions shall be met for the operation of labor dispatch business:

1) The registered capital shall not be less than RMB 2 million;

2) Have a fixed place of business and facilities suitable for carrying out business;

3) Have a labor dispatch management system that complies with the provisions of laws and administrative regulations;

4) Other conditions provided for by laws and administrative regulations.

To operate labor dispatch business, it shall apply for an administrative license from the labor administrative department in accordance with the law; If it is permitted, the corresponding company registration shall be handled in accordance with the law. Without permission, no unit or individual may operate labor dispatch business.

1. Labor management is simple, improve the efficiency of enterprise management, the dispatched unit does not need to set up special personnel, institutions to carry out specific and cumbersome human resource management for dispatched personnel, the employment of these personnel, the introduction of labor services in different places, the transfer of files, the implementation of mobile procedures, the establishment of employee files, the statistics and distribution of employee wages and bonuses, the establishment and payment of various social security, the handling of labor disputes related to the declaration of work-related injuries, and many other human resource management affairs are completed by the dispatch company.

2. Flexible employment to improve the efficiency of employee management. Under the conditions of market economy, the business of many dispatched units changes greatly, and the form of talent dispatch and employment can increase personnel when business is increased, and personnel can be reduced when business decreases.

3. Avoid the loss of talents and improve the competitiveness of enterprises.

4. Reduce management costs and improve the economic benefits of enterprises.

5. Avoid labor disputes and maintain corporate reputation. There is no labor contract relationship between the dispatched entity and the dispatched employee, and the labor relationship of the dispatched employee is subordinate to the talent dispatch company.

6. Ensure the quality of employees and disperse the risk of employment. Because the unit adopts the form of dispatch, the talents used can be advanced or retreated, and can be promoted and demoted, and its mechanism is very flexible, which greatly reduces and decomposes the risk of employment.

7. Establish labor transfer. Ensure the benefits of employing people. Because of the labor dispatch contract signed with the company, our company's obligations have increased (lack of a one-person reward and punishment system), we will increase the publicity of the unit, and conduct training to ensure the stability of the labor personnel.

1.Labor dispatch is a comprehensive human resource management service in which the employer leases or selects the required talents from the human resources company or through the human resources company according to the needs of the work, and handles the labor contract management, salary payment, social insurance, file keeping, employee communication, and labor dispute settlement for the dispatched personnel through the human resources company. In March 2014, the Interim Provisions on Labor Dispatch came into effect.

2.Labor dispatch, also known as labor dispatch and labor leasing, refers to the signing of a labor contract between the dispatching agency and the dispatched labor, and the dispatched laborer pays labor services to the dispatching enterprise. The most striking feature of labor dispatch is the separation of employment and use of labor.

The labor dispatch agency has become different from the employment agency in that it becomes a party to the labor contract with the employee.

The main reason for the cooperation between the company and the labor company is to reduce costs, when the company's orders are reduced and layoffs are required, labor cooperation does not have to be liable, and regular contract workers need compensation and other expenses, and labor cooperation does not need to pay social security, provident fund, and there is no year-end bonus or year-end double salary and other benefits, to put it bluntly, it is a temporary worker, our company has a lot, only need to buy a commercial insurance is enough, the company is busy when a few more, not busy do not want, and it is more convenient to manageThere will be no old fritters, but there are also bad ones that are not fixed, the more difficult work can not be done by them, they can only do simple and alternative work, the salary is generally more than a dozen yuan an hour, there is no bonus, etc., the cooperation between the factory and the labor company is a cooperation that saves time and money, why not use the labor company to go to the factory to recruit people by itself? If the factory is short of people, directly say hello to the labor department, how many people I am short of, you quickly help me recruit them, all the workers who have been recruited are labor dispatch contracts, not regular employees, many regular employees are unwilling to do all the positions can be done by these dispatched workers, and the factory does not need to pay them any insurance, even if there is an accident, the factory will at most give some compensation out of humanitarianism.

And if the factory is not very busy, just fire or do not give these workers overtime, they will automatically leave the job without any compensation.

For employees, the use of labor dispatch and labor outsourcing is usually a last resort.

For employees, the preferred way of employment is to directly sign a labor contract with the employer and become a contract worker of the employer, which is what people call a "regular worker", because only the so-called regular worker of the unit can really enjoy all the benefits of the unit. Although the Labor Contract Law stipulates that labor dispatch personnel and "regular workers" have the same salary and treatment, in practice, the vast majority of enterprises will not do so at all. If labor dispatch still has a place in the Labor Contract Law, and dispatched personnel can also apply for arbitration to claim compensation and compensation for the actual employer's violation of the relevant provisions of the Labor Contract Law, then the labor outsourcing personnel do not even have such qualifications, because labor dispatch can also be classified as a labor relationship, and labor outsourcing does not belong to the scope of the Labor Contract Law at all, and the essence of the labor outsourcing contract has become an economic commercial contract. It's like a small package foreman outlining earthwork.

For many people, choosing the employment method of labor dispatch and labor outsourcing is a last resort, and it is difficult to find a job now, and it is even more difficult to find a satisfactory and good job. The people who choose the above two ways of employment are roughly divided into three categories, one is some relatively good units, and some related household personnel want to enter, but these units are very strictly controlled, and there is no establishment, so they can only temporarily enter as labor dispatch, hoping to wait for the opportunity to seek to turn "positive". The second type is those with low education, old age or no skills, and it is difficult to find a suitable employment unit by themselves, so they use labor service companies to find jobs through labor dispatch or labor outsourcing.

In the third category, some employers have unilateral requirements, and some employees can only give in to these units in order to enter these units.

For the unit, there is a last resort, and there is also a need for management.

The use of labor dispatch and labor outsourcing by some units is a last resort. Many people know that in order to become a "regular worker" in an organ or institution, it is necessary to have the establishment and identity of civil servants and public institutions, but now it is very difficult to obtain such a status mainly through examinations; In the past, state-owned enterprises entered relatively loosely, but in recent years, they have become tighter and tighter, and the superior units of state-owned enterprise management have adopted total control over personnel and wages, so it is very difficult to enter a person, for example, the state-owned enterprises in the author's area must adhere to the principle of "retreating two into one", and approve them at all levels to the level of district leaders, and then open recruitment to the society. Therefore, if these units need to employ people due to work, they can only choose labor dispatch and labor outsourcing.

To sum up, I think that if it is not a last resort, job seekers should not take the road of labor dispatch and labor outsourcing, if they embark on this road, you will deeply appreciate what it means to be a "second-class citizen" and a "third-class citizen".