Definition and difference between labor contract system and labor dispatch system .

1. The main unit of the contract is different.

Labor contract system: The employee signs a labor contract with the employing unit. Labor dispatch system: The worker signs a labor contract with the labor dispatch agency.

2. The payment institutions for wages and social security benefits are different.

The employer shall pay wages and social security benefits for employees under the labor contract system. The wages and social security benefits of the labor dispatch system are paid by the talent dispatch agency.

3. Different forms of employment.

Article 66 of the Labor Contract Law clearly stipulates that labor contract employment is the basic form of employment in enterprises in China. Labor dispatch employment is a supplementary form and can only be implemented in temporary, auxiliary or substitute jobs.

4. The degree of restriction is different.

As long as the employer has applied for the relevant business license in accordance with the provisions of the Company Law, it can sign a labor contract with the employee, and there is generally no restriction on the time of the labor contract. To operate a labor dispatch business, an administrative license shall be applied for in accordance with the law; Labor dispatch business shall not be operated without permission. The labor dispatch entity shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years.

Labor contract system: sign a labor contract with the service unit, belong to the regular employees of the service unit, can work for a long time, have promotion opportunities in the unit, and have a large space for development. Labor dispatch system:

Sign a labor contract with a human resources company, do not belong to the formal employees of the service unit, to put it bluntly, they are temporary workers, do not go until they have to, mainly in some low-level jobs, such as operators, etc.!

The labor contract system refers to the employment contract signed between you and the employer, which is managed by the employer.

The labor dispatch system means that you sign a labor contract with a labor dispatch company, and the labor dispatch company and the employer sign a dispatch agreement (contract), and the employer does not care about the employee, while you are managed by the labor dispatch company.

Legal Analysis: The difference between a labor contract and an employment contract is:1

The qualifications of the subjects of the two are not the same. One of the parties to the labor contract can only be a legal person or organization, and the other party is an individual, and the two parties to the subject of the labor contract can be a legal person, an organization, or a citizen; 2.The nature of the subject and its relationship are different.

Labor contracts only exist for economic relations, while labor contracts are not just economic relations; 3.The treatment of the subject is not the same. Natural persons in labor relations generally only receive remuneration for their labor; 4.

The applicable laws differ. The employment contract is the civil law and the economic law, and the labor contract is the labor law and the labor contract law; 5.The legal liabilities arising are not the same.

There is no administrative liability in the employment contract.

Legal basis: Article 16 of the Labor Law of the People's Republic of China A labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

Labor Contract Law of the People's Republic of China Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with employees and conclude, perform, modify, dissolve or terminate labor contracts. The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

Legal analysis: there is no time limit for signing the contract system, and the labor dispatch system requires more than two years to be concluded; Part-time labor contracts can be signed under the contract system, and part-time employment is not allowed under the labor dispatch system; Contract workers shall be paid 80% of the wage for normal working hours within one month of suspension of work for reasons other than their own, and not less than 80% of the minimum wage for more than one month, and the minimum wage shall be calculated and paid to labor dispatch workers during the period of no wages.

Legal basis: Article 12 of the Labor Contract Law of the People's Republic of China Labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts and labor contracts with a term of completion of certain tasks.

Interim Provisions on Labor Dispatch".

Article 5 The labor dispatch unit shall conclude a fixed-term written labor contract with the dispatched worker for a period of more than 2 years in accordance with the law.

Article 6 The labor dispatch unit may agree on a probationary period with the dispatched worker in accordance with the law. A labor dispatch entity and the same dispatched worker can only agree on a probationary period once.

Legal Analysis: The differences between labor contract dispatch contracts are:

1. The nature of the contract is different;

2. The purpose of the contract is different;

3. The degree of state intervention varies;

4. The subject and its relationship are different;

5. Different legal adjustments;

6. The procedures for handling contract disputes are different.

Legal basis: Labor Contract Law of the People's Republic of China Article 59 A labor dispatch entity dispatching a worker shall enter into a labor dispatch agreement with the unit that accepts the labor dispatch in the form of labor dispatch (hereinafter referred to as the employing unit). 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 employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the period of continuous employment into several short-term labor dispatch agreements.