Is it necessary to use electronic contracts in the labor dispatch industry?

Labor dispatch is a relatively common form of enterprise employment, involving labor dispatch enterprises, employers, and workers, among which labor dispatch enterprises need to involve a large number of contract signing, using paper contract signing, difficult management, long cycle, low efficiency, high risk and other prominent problems. Therefore, it is very necessary to use electronic contracts.

Signing is efficient and convenient, and is not limited by time and geography.

Labor dispatch enterprises can quickly sign contracts even if they are not in the same area as the employer or the worker, and the labor dispatch enterprise initiates the signing of the labor contract through the third-party electronic contract platform (such as the signshield electronic signing platform), and the worker or the employer receives the notification sent by the platform and enters the platform to sign the contract.

Real-name authentication ensures the authenticity of the identity of the signatory.

In the process of signing a paper contract, it is difficult to ensure the authenticity of the identities of both parties, especially for labor dispatch enterprises, where there is a lot of demand for signing in different places, and the identity information of workers and employers is not guaranteed by a third party, which can easily lead to contract disputes. Through the third-party electronic contract platform (Signshield electronic contract platform) has the function of real-name authentication, the platform provides a variety of real-name authentication methods, such as ID card information, business license, mobile phone number, face recognition, etc., the platform is connected to the Ministry of Public Security, the Industrial and Commercial Bureau and other institutional management systems to conduct information comparison, verify the true identity of the signatory, and eliminate the risks of impersonation and fake seals caused by paper contracts.

The contract is signed safely, and the legality is more guaranteed.

In the process of signing, the platform uploads the content of the contract through blockchain + timestamp and other technical means, and uses hash value technology to solidify the original document data to prevent tampering and ensure the integrity and objectivity of the contract.

It is necessary to use.

In the process of labor outsourcing services, there are many documents that need to be negotiated, printed, modified, sent, signed, archived, managed, etc. In this process, the waste of paper, the additional courier costs, the increase in the time cost of signing in different places, the difficulty of stamping enterprises in different places, and the difficulty in managing, consulting and storing thousands of human resources-related documents ......Every problem will cause the cost of the enterprise to continue to rise, eat up the operating profits of the enterprise, and it is urgent to reduce costs and increase efficiency.

By signing electronic contracts with confidence, APCO Human Resources (Shanghai) can sign cooperation agreements or labor contracts with enterprises and workers across the country. Moreover, through API interface docking, you can deploy the electronic contract to the existing human resource management system, and flexibly connect with the internal system of the enterprise, which is convenient for enterprises to build personalized signing scenarios.

In terms of enterprise seals, through the assured signature system, the unified management of all kinds of seals in the enterprise, according to the authority of enterprise personnel to use, maintain and manage, and at the same time can remotely authorize molecular institutions to use the headquarters seal, as long as the headquarters is authorized, you can print out the legally effective stamped documents in different places, which is more timely and convenient, and there is no need to send documents for the sake of using the seal, so as to speed up the expansion of enterprises in various places.

In terms of contract management, the assured signing system can be customized and managed, without manual sorting and classification and query. Rest assured that the financial-level data encryption mode is adopted to prevent the leakage of important documents such as labor outsourcing plans, labor outsourcing contracts, and labor contracts.

The labor dispatch contract is guaranteed, and labor dispatch is also a way of employment, but it is not as stable as regular employees, but the rights can be guaranteed.

Article 58 of the Labor Contract Law stipulates:

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for more than two years, and pay the labor remuneration on a monthly basis.

Article 59 stipulates that 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.

As long as the labor dispatch contract signed by the employee is genuine and valid, then the rights and interests will be protected. There will be a Labor Contract Law to protect the basic rights and interests of workers.

1. What is the difference between the contract system and the labor dispatch system?

1) Subject object: The main body of the contract system is the employer and the worker, while the main body of the dispatch system is the dispatch company, the employer and the worker;

1) Labor relationship: The contract employee directly has an employment relationship with the employing unit, and the dispatched employee and the employing unit do not have an employment relationship, but form an employment relationship with the dispatching company; In other words, the contract employee directly signs the "Labor Contract" with the employer, and the dispatched employee signs the "Labor Contract" with the dispatch company;

1) The management method of human resources and resources: contract employees shall be directly managed by human resources by the employing unit by setting up a special personnel organization; The dispatch company is solely responsible for the management of human resources for dispatched employees.

4) Applicable law: Affected by the different hail bends of the subject and the different labor relations, the specific legal provisions applicable to the dispatch system and the contract system are also different;

5) The legal form of the contract: In the contract system, the employer signs the Labor Contract with the contract employee; In the dispatch system, the employer signs a Labor Dispatch Contract with the dispatch company, the dispatch company signs a Labor Contract with the dispatched employee, and the Employer signs a Labor Service Agreement with the dispatched employee.

2. What are the procedures for labor dispatch workers to pay social security?

According to the provisions of the "Employer shall pay social insurance for employees", the labor dispatch agency will handle the social insurance items according to the salary base of the dispatched employees proposed by the employer, and the specific contents are:

1) Before the 28th of each month, the employer shall pay the social insurance expenses for the following month;

2) Labor dispatch agencies pay various social insurance fees for dispatched employees;

3) According to the monthly increase and decrease of dispatched employees, timely handle the transfer procedures for personnel transfer in and out of social insurance;

4) When complying with the benefits of pension, medical care, unemployment, and work-related injuries, go through the reimbursement procedures for various expenses;

5) At the request of the employer, pay the housing provident fund for dispatched employees;

6) Provide users with policy consultation on various social insurance and publicity of new social insurance policies.

After the implementation of labor dispatch, the actual employer and the labor dispatch organization sign the Labor Dispatch Contract, the labor dispatch organization signs the Labor Contract with the labor personnel, and the actual employer signs the Labor Service Agreement with the labor personnel, and there is only a user relationship between the employer and the labor personnel, and there is no employment contract relationship. The worker does not have an employment relationship with the employer where he or she works, but forms an employment relationship with another specialized unit such as a talent agency, and then the talent agency sends him to the employer to work, and the employer signs a dispatch agreement with the talent agency.

1. Recruitment and change of labor dispatch personnel.

1. Labor dispatch personnel can be interviewed and confirmed by Party A, or Party B can be entrusted to recruit and hand over to Party A. Once the dispatched labor personnel are confirmed, Party A and Party B shall draw up the List of Labor Dispatch Personnel, sign and seal it, and sign and seal it as an annex to this contract, and Party B shall sign a labor contract with the labor dispatch personnel;

2. If both parties A and B change the dispatched labor personnel according to the agreement, they shall change the "List of Labor Dispatch Personnel" accordingly, and it must be signed and sealed by both parties. If the labor dispatch personnel need to be dismissed in accordance with the law during the working period of Party A, Party A shall notify Party B in writing of the dismissal opinion 35 working days in advance, and Party B shall be responsible for going through the procedures for terminating or dissolving the labor contract with the labor dispatch personnel, and Party A shall pay economic compensation in accordance with the law.

2. Payment of wages and social insurance premiums for labor dispatch personnel.

1. The wage standards and welfare benefits of labor dispatch personnel shall be implemented in accordance with the standards formulated by Party A in accordance with the law, and equal pay for equal work shall be implemented;

2. The wages and social insurance premiums of the labor dispatch personnel shall be transferred to Party B's bank account before the day of each month. Party B shall transfer the salary list of the labor dispatch personnel provided by Party A to the bank salary card account of each labor dispatch personnel;

3. Party A shall make a detailed list of wages and social insurance premiums for labor dispatch personnel, and Party B shall pay and pay in full according to the wages and social insurance premiums transferred by Party A.

An agreement should be concluded for labor dispatch.

The labor dispatch agreement shall stipulate the terms of 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.

During the period of dispatch to Party A, the labor dispatch personnel shall enjoy the benefits, labor insurance, work, study, rest and other benefits stipulated by Party A, as well as the rights of evaluation and evaluation, and Party A shall be responsible for the implementation of their daily management, safety education, monthly, quarterly and annual assessments. In the event of a work-related injury to a labor dispatch personnel, during the suspension period of the first time, the benefits of the original salary shortage will remain unchanged and shall be paid by Party A on a monthly basis.

Legal basis

Labor Contract Law of the People's Republic of China

Article 58 [Rights and Obligations of Labor Dispatch Units, Employing Units and Workers] Labor dispatch units are the "employers" referred to in this Law and shall perform the obligations of the employers to the 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.