Labor dispatch VS labor outsourcing, how to choose

Nowadays, many workers have such a question, what is the difference between labor dispatch and labor outsourcing? We can distinguish in the following ways: The applicable laws are different.

Labor dispatch is governed by the Labor Contract Law, which involves labor relations, and labor outsourcing is governed by the Contract Law. Labor outsourcing can be an individual, a legal person or other entity; The labor dispatch entity must be a legal entity established in strict accordance with the provisions of the Labor Contract Law. The main body of responsibility for the management of workers is different.

This is the main difference between the two. The contracting enterprise does not directly manage the employees of the labor outsourcing unit, and its working form and working hours are arranged and determined by the labor outsourcing unit itself; Employees of the labor dispatch unit must work in accordance with the work form and working hours determined by the employer. Labor outsourcing is generally settled according to the predetermined unit price of labor services according to the workload completed by the labor outsourcing unit, and the subject matter of the contract is generally "matter"; Labor dispatch is generally based on the time and cost standards of dispatch, and the cost is settled according to the number of people dispatched as agreed, and the subject matter of the contract is generally "person".

In other words, under labor outsourcing, the employer buys "labor services", while under labor dispatch, the employer buys "labor resources". The consequences of breaking the law are different. The Contract Law applies to labor outsourcing, and the rights and obligations between the employer and the contractor are based on the contract between the two parties, and the employer is basically not liable for the employees of the contractor. In the case of labor dispatch, if damage is caused to the dispatched worker, both the labor dispatch unit and the employing unit shall be jointly and severally liable for compensation in accordance with the Labor Contract Law.

Legal basis: Article 58 of the Labor Law of the People's Republic of China provides that a labor dispatch unit is an employer for the purposes of this Law and shall fulfill its obligations to its employees. 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.

Hello! You can choose according to your actual needs, but it is recommended to sign a contract with the unit, in the two forms of labor dispatch and labor outsourcing, the unit has not signed a contract with the worker, which is not very protective for your interests!

Labor outsourcing is not a form of employment, and its definition in the law is called "contracting", outsourcing contracting is a form of business defined by law, and labor dispatch is only a form of employment specified in the Labor Contract Law, and there is an essential difference between the two. Based on this, the two cannot be considered together.

Labor outsourcing refers to the outsourcing of part of the business or functional work content of the company to the relevant organization, which arranges personnel to complete the corresponding business or functional work content according to the requirements of the enterprise.

Labor dispatch refers to a form of employment in which an employer signs a labor dispatch agreement with a labor dispatch unit, and the labor dispatch unit dispatches personnel to the employer to engage in the work arranged by the employer.

The common denominator between labor outsourcing and labor dispatch is that neither the employer nor the employer has signed a labor contract with the employee.

The difference between them is:

1.The applicable laws differ. Labor dispatch shall be governed by the Labor Contract Law, and labor outsourcing shall be governed by the Contract Law.

2.A labor contractor may be an individual, a legal person or other entity. (It is not recommended to contract to individuals, and in practice, personal outsourcing is often judged as an employment relationship).

The labor dispatch unit must be a legal entity established in strict accordance with the provisions of the Labor Contract Law and in accordance with the relevant provisions of the Company Law, with a registered capital of not less than 500,000 yuan; The work performed by the worker is a business or functional activity of the enterprise.

3.The main body of responsibility for the management of workers is different. This is the main difference between the two.

The contracting enterprise does not directly manage the employees of the labor contracting unit, and the form of work organization and working hours are arranged and determined by the labor contracting unit itself;

Employees of labor dispatch units must work in accordance with the work organization form and working time arrangement determined by the employing unit.

4.Labor outsourcing is generally settled according to the predetermined unit price of labor services according to the workload completed by the labor contractor, and the subject matter of the contract is generally "matter";

Labor dispatch is generally based on the time and cost standards of dispatch, and the cost is settled according to the number of people dispatched as agreed, and the subject matter of the contract is generally "person".

5.The consequences of breaking the law are different.

The labor contractor shall not be liable for the employees of the labor service undertaking unit. The Contract Law shall apply to labor outsourcing, and the breaching party shall be liable for civil compensation in addition to the liability for breach of contract as agreed in the contract.

In the course of labor dispatch, if damage is caused to the dispatched worker, the labor dispatch unit and the employing unit shall be jointly and severally liable for compensation in accordance with the Labor Contract Law.

What is the difference between labor dispatch and labor subcontracting? After reading this, you will understand!

Summary. 1. The concepts of labor dispatch and labor outsourcing are different. Labor dispatch refers to a form of employment in which a labor dispatch agency signs a labor contract with a dispatched worker, dispatches the worker to another employer, and then the employer pays a service fee to the dispatching agency.

Labor outsourcing refers to outsourcing part or all of the work of personnel management to a service organization, which is called labor outsourcing. 2. The laws applicable to labor dispatch and labor outsourcing are different. The Contract Law applies to labor outsourcing, and the rights and obligations between the employer and the contractor are based on the contract between the two parties, and the employer is basically not liable for the employees of the contractor.

In the course of labor dispatch, if damage is caused to the dispatched worker, the labor dispatch unit and the employing unit shall bear joint and several compensation in accordance with the Labor Contract Law.

Which is better, labor outsourcing or labor dispatch? What's the difference?

1. The concepts of labor dispatch and labor outsourcing are different. Labor dispatch refers to a form of employment in which a labor dispatch agency concludes a labor contract with a dispatched worker, sends the worker to another employer, and then the employer pays a service fee to the dispatching agency. Labor outsourcing refers to outsourcing part or all of the work of personnel management to a service organization, which is called labor outsourcing.

2. The laws applicable to labor dispatch and labor outsourcing are different. The Contract Law applies to labor outsourcing, and the employer and the contractor are obliged to assume the right and profit according to the contract between the two parties, and the employer is basically not liable for the employees of the contractor. In the course of labor dispatch, if damage is caused to the dispatched worker, the labor dispatch unit and the employing unit shall bear joint and several compensation in accordance with the Labor Contract Law.

In the case of labor dispatch, if false damage is caused to the dispatched worker, the labor dispatch single source difference and the employing unit shall be jointly and severally liable for compensation in accordance with the Labor Contract Law. 3. The main body of responsibility for the management of workers is different. The contracting enterprise does not directly manage the employees of the labor outsourcing unit, and its working form and working hours are arranged and determined by the labor outsourcing unit itself; Employees of the labor dispatch unit must work in accordance with the work form and working hours determined by the employer.

This is the main difference between the two.

That's good. Labor outsourcing and labor dispatch are mainly measured according to cost and risk, and in the case of the same Jibi Zheng, of course, it is the best way to save costs and obtain greater benefits for themselves.

The main difference lies in the assumption of employment risks, outsourcing is that the service unit pays five insurances for employees on your company's social security account, and the main thing is to pay on behalf of the company. The dispatch is mainly to sign a labor contract with the employee, and the employer is in your company, and all other affairs are responsible for the dispatching unit, including employee recruitment, resignation, work-related injuries and other issues.

Outsourcing contracts are not protected by law.

Protected, outsourcing contracts are secured.

1. Similarities between labor outsourcing and labor dispatch: 1There is no employment relationship between the worker and the employer.

2. Differences between labor outsourcing and labor dispatch: 1Labor dispatch has the number of people, and the position is restrictive, but labor dispatch does not.

2.Rules and regulations, rest and vacation, salary and benefits, etc.: labor dispatch is implemented in accordance with the employer, and "equal pay for equal work" is strictly implemented; Labor outsourcing is carried out in accordance with the human resources company.

3.Applicable Law: Labor Contract Law on Labor Dispatch; Contract Law on Labor Outsourcing.

4.Economic compensation: For labor dispatch, the employer is jointly and severally liable for compensation; Labor outsourcing is undertaken by the human resources company.

3. Is it better to dispatch or outsource?

I work in a human resources company, when the company has labor needs and wants to cooperate with a human resources company, should I choose labor dispatch or labor outsourcing? It can only be said that each has its own benefits, but there are restrictions on labor dispatch, and it will be more preferential than labor outsourcing.

Bang Muang Manpower, the HR consultant by your side.

What is the difference between labor dispatch and labor subcontracting? After reading this, you will understand!

Labor outsourcing: the work is for you, just do it, and it doesn't matter after the bill.

Labor dispatch: In order to not give employees due benefits, the labor law stipulates that after working in a unit for three years or more, the employer must give the employee a series of benefits, regularization, etc., once you become a labor dispatch worker, you will change the dispatch unit once every two years, even if you have worked for 30 years, it is a maximum of two years of service, thinking that you have never signed a contract with a unit for more than two years.

The main difference lies in the assumption of employment risks, outsourcing is that the service unit pays five insurances for employees on your company's social security account, mainly on behalf of the employee. The dispatch is mainly for the service unit to sign a labor contract with the employee, and the employer is in your company, and the dispatch unit is responsible for all other matters, including employee recruitment, resignation, work-related injuries and other issues.

Labor dispatch is for workers, and labor outsourcing is for employers, but the perspective is different, and there is no difference in essence.

In view of the actual situation of the employing unit, relatively speaking, labor dispatch is an employment method formed under the background of the early policy, which solves the employment problem of the enterprise at that time, so the labor dispatch model is relatively simple and easy to operate; In recent years, with the mature development of enterprise employment management, some enterprises have tried to use labor outsourcing to further solve the employment needs of enterprises; Compared with the two in terms of operation, labor outsourcing requires enterprises to be more professional and more experienced.

All in all, there are pros and cons.

In fact, there is a big difference between labor outsourcing and labor dispatch, and the laws applicable to them are different.

The differences between labor dispatch and labor outsourcing are as follows:

1. The nature of the two is different. Although they are different forms of labor economy, it can be found from the comparison of concepts that labor subcontracting is a subcontracting model, and labor dispatch is a form of labor employment.

2. The contractual relationship between the relevant parties is different. In the labor subcontracting model, the labor relationship quietly exists between the labor service worker and the labor service enterprise, the labor service enterprise signs a labor contract with the labor service worker to bear the labor remuneration and social security of the labor service worker, and the labor service enterprise signs a labor subcontract with the labor service employer. The most significant feature of labor dispatch is the separation of employment and hidden use of labor, that is, "employing people without supporting people, and supporting people without people", in this form, labor workers sign labor contracts with labor dispatch enterprises, labor dispatch enterprises sign labor dispatch agreements with employers, and labor service agreements are signed between labor enterprises and labor service workers, and there is a certain degree of labor relationship between labor workers and dispatch enterprises and employers.

During the dispatch period, the employer shall bear the labor remuneration and social security of the labor workers, and pay the labor lease expenses of the dispatching unit; When there is no dispatch assignment, the dispatch enterprise shall bear the wages of the labor workers (not lower than the local minimum wage) and social security;

3. The scope of responsibility for safety is different.

Legal basis]:

Article 24 of the Regulations on the Administration of Work Safety in Construction Projects.

If the construction project is contracted by the general contractor, the general contractor shall be responsible for the safety production at the construction site.

The general contractor shall complete the construction of the main structure of the construction project on its own.

If the general contractor subcontracts the construction project to other units in accordance with the law, the subcontract shall specify their respective rights and obligations in terms of production safety. The general contractor and the subcontractor shall be jointly and severally liable for the safety production of the subcontracted project.

If the subcontractor does not obey the management of production safety, the subcontractor shall bear the main responsibility.