Should the contractor be laid off as N 1 compensation for labor dispatch? If so, how to pay?

According to the labor contract, it is necessary to compensate for 3 months' wages.

Content from user: Li Da.

Regulations on the Administration of Labor Dispatch.

Article 1 of the General Provisions of Chapter 1 is formulated in accordance with the "Labor Law of the People's Republic of China", "Interim Provisions on Labor Dispatch" and other relevant laws and regulations, combined with the actual work of the unit, in order to further strengthen the standardized management of labor dispatch personnel, fully mobilize the work enthusiasm of labor dispatch personnel, give better play to the subjective initiative of labor dispatch personnel, and improve work efficiency. Article 2 The term "labor dispatch company" mentioned in these measures refers to the legal organs, enterprises (including individual economic organizations) and private non-enterprise units and other organizations that have signed the "Labor Dispatch Agreement" with the unit; Labor dispatch personnel refer to those who have signed a labor contract with a labor dispatch company and are dispatched to work in their own units according to an agreement in a certain way. Article 3 These measures apply to the management of labor dispatch personnel.

Article 4 of the Basic Principles of Chapter 2 The use of labor dispatch personnel must adhere to the basic principles of "temporary, auxiliary, and substitutional" and "reasonable and standardized use and strict control of the total amount". Article 5 Labor dispatch personnel shall not be used for secret-related posts. Article 6 The results of all work performed by labor dispatch personnel during their work period shall belong to their own units.

Chapter 3 Dispatch and Management Article 7 Labor dispatch personnel must meet the following conditions: (1) be in good health and meet the health and hygiene standards required by the required positions; (2) Technical positions should have a bachelor's degree or above or relevant vocational qualification certificates, and those with more than 2 years of work experience in relevant positions may be appropriately relaxed; (3) Abide by discipline and law, have good ideological and moral character, have the spirit of hardship and hard work and the ability to perform job duties. Article 8 The Human Resources Department is the centralized management department of labor dispatch, and its specific responsibilities are as follows:

Labor dispatch refers to a special employment method in which a labor dispatch unit signs a labor contract with a dispatched worker, and then dispatches the worker to the employer to work in the workplace of the employer and accept the command and supervision of the employer to complete the combination of labor and means of production.

For example, if Company A needs security guards, it asks Labor Dispatch Company B to send 10 security guards, Company A signs a labor dispatch agreement with Labor Dispatch Company B, Company A pays Labor Dispatch Company B on a monthly basis, and Labor Dispatch Company B signs labor contracts with these 20 security guards, pays wages on a monthly basis, and purchases social security.

The legal relationship of labor dispatch involves three parties, namely the employee, the labor dispatch unit and the employing entity. This gives rise to a threefold legal relationship:

The first is the labor contract relationship between the labor dispatch unit and the employee, and the two parties form an agreement to conclude the labor contract;

The second is the civil contractual relationship between the labor dispatch unit and the employing unit, in which the two parties form an agreement to enter into a labor dispatch agreement, and the labor dispatch unit dispatches the worker to work in the employing unit;

Third, the actual employment relationship between the worker and the employing unit is that the worker provides labor services to the employing unit, and the employing unit directs and supervises the worker.

Labor dispatch, also known as talent leasing and talent dispatch, is a type of employment that originated in the United States and is popular in Japan, Europe and the United States. Labor dispatch refers to a new type of employment mechanism in which a dispatch company selects suitable talents according to the needs of the employer and signs a labor contract with the employer under the framework of the Labor Law and other relevant laws and regulations of the Labor Contract Law, based on the conditions of the market economy, and dispatches labor to the employer. It is characterized by employing people without supporting them, and there is no subordinate relationship with the hired talents.

It is characterized by the fact that labor dispatch enterprises "recruit people without people", and employers "do not recruit people", and this employment mode of separating recruitment and employment is a very popular form of employment in the world.

With the deepening of China's reform and opening up, the improvement of the social labor security system and the change of the employment concept of the new generation of job seekers, labor dispatch has begun to develop in the labor market and talent market at different levels. In line with this trend of internationalization, it has become a mature and perfect employment model in the labor market in the future.

As a new way of employing people, it can be carried out across regions and industries. Employers can dispatch all kinds of personnel through dispatch companies according to their own work and development needs. After the implementation of labor dispatch, the actual employer and the dispatch company sign the Labor Dispatch Agreement, the dispatching company signs the Labor Contract with the labor personnel, and the actual employer signs the Labor Service Agreement with the labor personnel.

Labor dispatch is a new type of labor employment method, in which the dispatching agency (legally referred to as the employer) signs a labor contract with the worker (i.e., the dispatched employee) and sends him to the actual employing enterprise (legally called the employing unit) to perform the agreed work; The employer is responsible for the work and performance of the dispatched employees, and the labor relationship is managed by the dispatching agency.

In short, labor dispatch realizes the transformation from unit-owned to socially owned talents, and avoids disputes between units and personnel in personnel and labor relations.

Send workers to work somewhere.

Labor dispatch is a new form of employment, in which a labor dispatch agency signs a labor service agreement with the employer to dispatch employees to the employer according to the needs of the employer, and the labor dispatch agency is responsible for undertaking the rights and interests of the worker such as social insurance and labor wages, and handling legal affairs such as retirement and labor disputes. Legally, the relationship between the worker and the labor dispatch company is that the labor dispatch agency bears the main legal responsibility, and the employer bears joint and several liability.

Labor dispatch makes the employment of workers more flexible and diverse, and also maximizes the benefits and minimizes the cost of enterprises, which is welcomed by enterprises (especially foreign-funded enterprises) and workers. For workers, the general situation does not have much impact on the rights and interests, and the general situation here refers to formal labor dispatch agencies, and there are many illegal labor dispatch agencies in the market (commonly known as black intermediaries), and workers should pay attention to whether they have dispatch qualifications when applying for jobs.

To put it simply, the worker and the employer he works for are not in an employment relationship, but in a labor relationship with another specialized unit such as a talent agency, and then the talent agency sends them to the employer to work, and the employer signs a dispatch agreement with the talent agency.

The impact is as follows;

First, in order to circumvent the provisions of the Labor Contract Law that "indefinite-term contracts" must be signed after 10 years of service, many employers terminate the contracts of their employees, and then require these employees to sign contracts with labor dispatch companies, and finally dispatch these employees to work in the original employing units by the labor dispatch company. The employer has become a party that has no employment relationship with these employees. (This is an important reason why after the implementation of the Labor Contract Law, there will be a flood of labor dispatch).

Second, it is for economic gain. The reform of state-owned enterprises towards the establishment of a modern enterprise system began in the 90s of the last century, one of the very important measures is to "reduce staff and increase efficiency", the State-owned Assets Supervision and Administration Commission has restrictions on the number of employees and total wages of state-owned enterprises, and the increase in regular employees means that it is contrary to the direction of reform of state-owned enterprises, and it also means that the total wages of regular employees must be shared by more people. The best way is to use labor dispatch, because the use of labor dispatch employees is not considered a regular employee of the enterprise, and the labor cost can be financially included in various other items such as "agency fee" and "engineering cost", and will not occupy the total salary of the regular employee at all.

Third, it is to avoid legal liability. Because if the employer uses labor dispatch, then its identity as an employer is very vague, as long as the identity is blurred, the responsibility is blurred. If there is an accident or dispute, you can blame each other with the labor dispatch company.

Now you understand why whenever something happens, it is the "temporary worker" who comes out to take the blame, this is really not a lie, but a problem of labor dispatch. ）

Fourth, it is conducive to management. Because the employer does not have an employment contract with the dispatched employee, the dispatched employee can be returned at any time. Dispatch employees naturally work hard because they are under pressure to lose their jobs at any time.

The Labor Contract Law stipulates that labor dispatch can only be carried out on "temporary", "auxiliary" and "substitute" work, but in practice this is not the case at all. Nowadays, labor dispatch is basically the employer recruits workers and then attaches workers to labor dispatch companies, and labor dispatch companies basically ignore the dispatched employees, and "labor dispatch has completely changed its taste". In the national public-owned enterprises, institutions, and government agencies where the phenomenon of labor dispatch is concentrated, workers who have been engaged in the main work in front-line positions for a long time are the main body of labor dispatch.

Although there are no three parties, labor dispatch mainly involves the legal relationship between the two parties: the labor dispatch unit and the employee, and it should be noted that there is no labor legal relationship between the worker and the employer.

If you are willing to accept and cherish the job, it is beneficial for you to sign the contract, but it also depends on the specific content of the labor contract text. In terms of signing or not signing, signing is advantageous. The main reason is that if a labor contract is signed after signing two fixed-term labor contracts, an indefinite-term labor contract should be signed.

The Labor Contract Law mandates the signing of a labor contract. It is convenient to protect the legitimate rights and interests of workers.

Of course, it is not as good as the company, and in general, the treatment of labor dispatch and the contract within the company is also different, for example, there is a big difference in terms of long salary, so think about it yourself.

Labor dispatch, also known as manpower dispatch, talent leasing, labor dispatch, labor leasing, and employee leasing, 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 employing unit, and then the employing unit pays a service fee to the dispatching agency.

Labor dispatch is a supplementary form of employment for Chinese enterprises, which can only be implemented in temporary, auxiliary or substitute work.

Labor dispatch has two major advantages:

The first is to allow state-owned enterprises, government agencies, and institutions to break through employment restrictions.

The second is to provide professional services for employers in terms of labor contract management and social insurance management to reduce management costs. In fact, the wages and social insurance benefits of workers are also borne by the employer. The fees they pay include the fees of the labor dispatch company and the labor fee.

Labor dispatch refers to the employment method in which a labor dispatch agency signs a labor contract with a dispatched worker, dispatches the worker to another unit, and the employing unit pays the service fee to the dispatching agency.

The wages of the workers are paid by the labor dispatch unit.

Question: I went to Austrian Food Company at the age of 67 to work as a security guard, signed a two-year contract, and there was no contract in the third year, and now I have been working for four years, and now the company forcibly dismisses me, what should I make up for? Please reply to me, thank you!

In another case, if the company does not dismiss the employee immediately after the end of the contract, but does not sign an employment contract with the employee, this is regarded as an automatic extension of the previous employment contract.

On this basis, if the company dismisses the employee, it needs to compensate the employee in accordance with the labor law.

Employees need to be paid 8 to 12 months' salary.

Labor dispatch, also known as human resource dispatch. According to its own work and development needs, employers can dispatch all kinds of personnel (sales personnel, clerks, general technicians, labor workers, etc.) through regular labor dispatch companies. After the implementation of labor dispatch, the actual employer and the labor dispatch organization sign the Labor Dispatch Contract or Dispatch Agreement, the labor dispatch organization signs the Labor Contract with the labor personnel, and the actual employer signs the Employment Agreement with the labor personnel.

It is a form of employment other than the labor contract and a supplementary employment method.

Third-party human resources service agencies.

Labor personnel sign a contract with a third-party human resources service agency and are then dispatched to work in the labor employing unit.

Have fun!

Temporary workers who do not have a contract. Temporary workers without insurance.

It is to find an intermediary to give you staff homework.