The difference between a dispatch worker and a contract worker

If it is a contract worker, it means that the labor contract signed between me and this unit, there is a de facto labor relationship and a labor contract relationship, which means that if there is any labor dispute, it is the person and the employer to deal with it.

If there is any labor dispute, the labor contract signed with the labor dispatch company will be resolved by the employee, the employer and the dispatch company, and if the company dismisses the employee, the employee will be returned to the dispatch company.

The differences are as follows: First, the difference in the nature of the work.

Labor dispatch employees are those who are assigned by the original employer to other companies according to the nature of their work.

Labor dispatch employees are mainly responsible for this kind of work, such as: cleaning business, packaging, dismantling business, etc., these are all businesses that can be outsourced! Labor dispatch workers mainly undertake heavy manual labor.

Contract workers are employees recruited by the unit and sign labor contracts to become contract workers, and they are generally engaged in management, technical and other positions!

Second, the difference in employment relations.

Labor dispatch workers are some forms of work that sign labor contracts with labor service companies, and then they are uniformly managed and dispatched to other employers for work. Their wages and social security are borne by the labor service company, and the employer does not care about these! Contract workers sign labor contracts directly with the employer, and their wages, social security, and work are all managed by the employer.

Third: the difference in use.

The employment of dispatch workers is relatively limited, and the promotion and use are managed by the labor service company, while the employer has nothing to do with the dispatch workers, and will not sign any contract with them, nor will they transfer their jobs. Contract workers belong to the company's regular employees, and work transfers, assessments, promotions and other units are carried out by rights, and labor contracts can also be terminated or renewed in accordance with regulations.

There are three differences between dispatch workers and contract workers1. The essence of the two is different:

1. The essence of labor dispatch workers: After the implementation of labor dispatch, the employer and the labor dispatch organization sign the "Labor Dispatch Contract", the labor dispatch organization signs the "Labor Contract" with the labor personnel, the employer signs the "Labor Service Agreement" with the labor personnel, and the relationship between the employer and the talent leasing service agency is a labor service relationship, and there is no employment contract relationship.

2. The essence of contract workers: short-term workers recruited by enterprises and institutions through signing contracts. Contracts are generally in written form and include time limits, tasks and obligations to be complied with.

1. Guarantee of labor dispatch workers: the positions that can be used for labor dispatch workers must be non-main business positions of the enterprise; Substitution means that when a regular employee temporarily leaves and is unable to work, a labor dispatch company can dispatch a person to temporarily replace him; Temporary, that is, the labor dispatch period shall not exceed 6 months, and the regular employees of the enterprise shall be employed for positions that have been employed for more than 6 months.

Third, the recruitment of the two is different:

1. Recruitment of labor dispatch workers: Labor dispatch can be carried out across regions and industries, and can provide multi-standard, multi-level, flexible and reliable personnel for different enterprises through labor dispatch to meet the needs of employers for all kinds of personnel.

2. Recruitment of contract workers: Enterprises recruit contract workers based on the principles of open recruitment, voluntary registration, comprehensive assessment of morality, intelligence and physical fitness, and merit-based recruitment.

1. The differences are as follows:

1. The object of signing the contract is different: the contract worker is the same as the employer and the labor dispatch worker.

is with a third-party labor company.

2. The benefits are different: contract workers are paid by the employer, and dispatched workers are paid by a third-party labor service company.

3. Personnel are different: contract workers are employers, and labor dispatch workers are third-party workers.

2. Introduction to the two:

1. Contract workers sign formal contracts with their employers, and your personnel and benefits are signed directly with them, without involving third-party labor companies.

2. Labor dispatch workers sign a formal contract with the labor service company, and then send you to the company where you are currently working, and your personnel and benefits belong to the labor company.

1. The parties to the contract are different.

The worker in the labor dispatch worker is the one who has signed a labor contract with the labor dispatch agency and is dispatched to the employer to carry out labor work; The worker in the contract worker is directly signed with the employer.

2. The status in the labor law is different.

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

3. The conditions for signing the contract are different.

The institution that carries out labor dispatch must be an institution that has been approved by the competent department of ** and has the qualification of a legal person and is franchised to engage in labor dispatch business. Units that carry out or conclude labor contracts can sign labor contracts with different personnel if they have the statutory enterprise or unit registration procedures.

4. Labor relations are different.

There is no statutory labor relationship between the labor dispatch worker and the employing entity, and there is an employment relationship between the labor dispatch worker and the labor dispatch agency. There is a legal employment relationship between the worker in the contract worker and the employer.

Labor dispatch is an important means for enterprises to avoid employment risks, since it is to avoid employment risks, then on the other hand, the risk is actually grafted to the dispatch company and dispatched employees, so the risk of dispatched employees and contract workers is different, and the difference in wages and benefits will be different according to the different enterprises, and even not necessarily different, the overall view is as follows.

The labor contract signed by the labor dispatch is not signed with the employer's enterprise, but with a certain labor dispatch company (its name is generally labor dispatch, human resources services, etc.), and the employer has signed a labor dispatch agreement with the dispatch company, which is equivalent to the employer purchasing labor from the dispatching unit, and the dispatch company dispatching the dispatched workers to work in the past.

The biggest advantage for employers is that when the company's positions (generally lower value-added, such as blue-collar workers, auxiliary workers, cleaning and security guards, etc.) are not needed, or the demand is low in the off-season, they can request the dispatching unit to suspend or stop labor dispatch, so as to reduce labor costs and no risk.

At the beginning of the relevant regulations and the emergence of this concept of labor dispatch, it was mainly to solve the fluctuation of demand for cyclical low value-added positions in enterprises and revitalize the scattered labor resources in society, but now it is more and more used indiscriminately, and it has become an extralegal place for enterprise employment, so now the management is becoming more and more standardized, and dispatched employees must also purchase the prescribed social security, and the labor dispatch of enterprises cannot exceed 10% of the number of employees in the enterprise, etc.

Because it is a dispatch agreement signed with dispatch, the demand for dispatch can be stopped at any time as needed, so this has become a legal vacuum area where many enterprises can operate "arbitrarily" dispatch employees, for example, when they are not satisfied with a dispatched employee, they can directly return the dispatch with a very small risk. This is no different from dismissal for the employing enterprise, but it does not have to face the risk of compensation for dismissal, and it is important to know that the dismissal of the employee with a formal contract is likely to be compensated. That's the biggest risk.

Of course, from the point of view of the contract of dispatch itself, the risk of dispatch workers is theoretically low, because after returning to dispatch, first of all, you are only returned to the dispatch company, and the dispatch company has a labor contract with you before, and you need to continue to arrange other dispatches for you, and if you do not arrange wages, you also need to pay them, and in the worst case, the dispatch company and the dispatch worker terminate the contract, then you will eventually face compensation.

It's just that in practice, after returning to the dispatch company, the dispatch company will arrange other dispatch work opportunities, and it is unlikely that it can be in the same area, because the dispatch company cooperates with a large range of enterprises, and maybe the next arranged work is dozens of kilometers away.

A dispatched worker is an employee of the dispatching unit, but is not an employee of the dispatching unit (i.e., the unit where the work is located), that is to say, there is no labor relationship between the dispatched worker and the dispatching unit (work unit), and he is assigned by the dispatching unit to work in the dispatching unit. The contract worker directly signs a labor contract with the dispatching unit, and although he is not a regular employee, he is also an employee of the work unit and has a labor relationship.

Hello, if you are a contract worker, it is the labor contract you signed with this unit, and there is a de facto labor relationship and a labor contract relationship, which means that once there is any labor dispute, it is you and this unit to deal with. If you are a dispatch worker, that is, you have signed a labor contract with the labor dispatch company, and you are not an employee of this unit, only a de facto labor relationship, once there is any labor dispute, it is you, the unit, and the dispatch company to resolve it, and if your company dismisses you, you will be directly returned to the dispatch company.

Contractors. It is also called a regular worker. In government agencies and institutions, the establishment of employees is called regular workers, in the enterprise, the direct signing of a fixed-term labor contract with the unit or the non-fixed-term contract of the employee is called a regular worker, the regular worker belongs to the most formal, the most legal form of employment, generally with their own labor is providing the unit to sign a labor contract, the contract must be signed in writing by both parties to the labor, unilateral can not be terminated in breach of contract, if the formal worker is unilaterally terminated by the unit should be asked for the corresponding economic compensation, normal provision of labor, A probationary period of one month (more than 3 months but less than 1 year of labor contract) and a maximum of 6 months (3 years or more of labor contract period) can be agreed upon, and the minimum is one month (the term of labor contract of more than 3 years) can be agreed, and the five insurances and one housing fund and other benefits are enjoyed in accordance with the law.

Therefore, regular workers are slightly better in terms of welfare and job stability, and of course, the risk cost of enterprise employment is also the highest, and in the event of a dispute, compensation must be paid in accordance with the provisions of the labor law.

Dispatch workers.

Dispatch workers are recruited by labor dispatch units, dispatched to work in other units, labor relations are established with labor dispatch companies, in the company is regarded as the same clan as regular workers, but their treatment payment is the employing unit, compared with the regular workers of the employing unit, the treatment of dispatched workers may be lower, five social insurance and one housing fund and other benefits may not be very sound, but all this is decided by the labor dispatch company, when a labor dispute occurs, it often involves both the employer and the labor dispatch unit.

Hello, labor dispatch is a very common way of employment, bank tellers, drivers, etc. are many labor dispatch workers, which is an employment model for employers to avoid employment risks and reduce labor disputes, which is not illegal. However, if the labor dispatch worker wants to enjoy the same pay for equal work as the regular employee, the treatment should be exactly the same, and it is certainly impossible not to pay social insurance, then the labor dispatch company is violating the labor law, unless the company does not want to do it, or you can bring the contract to the labor and social security department to appeal, and you can succeed at one time. You can ask for back social security contributions.

Legal Analysis: The biggest difference between the two is who constitutes the labor relationship between the worker and whom. The fact of labor payment occurs between the dispatched worker and the dispatching enterprise, and the actual labor dispatch worker and the labor dispatch unit constitute an employment relationship; There are contractual rights and obligations between the contractor and the enterprise with which he or she has signed the contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its 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.

Article 59 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.

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.

Article 60 The labor dispatch unit shall inform the dispatched worker of the contents of the labor dispatch agreement.

The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement.

Labor dispatch units and employing units shall not collect fees from dispatched workers.