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It just so happens that I know about this issue.
1) Change of the name of the unit.
If the name of the labor dispatch unit is changed, it shall submit an application for change to the licensing authority and submit the following materials:
2. Resolution of the company's shareholders' meeting;
3. Notice of Pre-approval of Enterprise Name Change;
4. The original and copy of the "Labor Dispatch Business License".
2) Change of domicile.
If the domicile of the labor dispatch unit is changed in the zone, it shall submit an application for change to the licensing authority and submit the following materials:
2. Proof of use of the new business premises;
3. The original and copy of the "Labor Dispatch Business License".
If the domicile of the labor dispatch unit needs to be changed across districts, it shall submit an application for change to the original licensing authority, and after the review by the original licensing authority, the labor dispatch unit shall submit the relevant application materials to the district human resources and social security bureau of the place where it has moved in, and apply for a new license after submitting the reinstatement license.
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Legal analysis: the application process for the change of legal person of the labor company: 1. Bring all the information to the industrial and commercial department under the jurisdiction of the company's registration place to change the license, and receive the license of the new legal representative after 5-10 working days after acceptance; 2. Bring all the information to the Quality Supervision and Administration Bureau to handle the change of the enterprise organization certificate, and collect it after 2-3 working days after acceptance; 3. To the tax department to change the registration certificate, which involves the question of individual income tax on the transfer of a right of ownership, it is necessary to declare and pay the individual income tax of the shareholders of the equity obtained to the local taxation department, and a new capital verification report must be issued for new shareholders and legal persons; 4. Finally, change the basic account of the company, change the seal and company information reserved in the bank of the company's legal person.
Legal basis: Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons
Article 17 An enterprise legal person shall apply for a change of registration if it changes its name, domicile, place of business, legal representative, economic nature, business scope, business mode, registered capital, business period, or establishment or cancellation of branches.
Article 18 An enterprise legal person applying for a change of registration shall apply to the competent registration authority for a change of registration within 30 days after approval by the competent department or the examination and approval authority.
Article 10 The division, merger or relocation of an enterprise legal person shall, within 30 days after the approval of the competent department or the examination and approval authority, apply to the competent registration authority for the alteration of registration, business registration or cancellation of registration.
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Legal Analysis: A labor dispatch unit dispatched a worker 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 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.
Legal basis: Article 59 of the Labor Contract Law of the People's Republic of China A labor dispatch unit 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 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 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.
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To apply for a labor dispatch license, there shall be a registered capital of not less than 2 million yuan, a business premises and facilities suitable for conducting business, and a legal labor dispatch management system and other conditions stipulated by laws and regulations. If the conditions are met, submit the relevant materials to the licensing authority to apply for a labor dispatch license.
Article 6 of the Measures for the Implementation of Administrative Licensing of Labor Dispatch shall apply for an administrative license to the administrative department of human resources and social security (hereinafter referred to as the "licensing authority") that has the right to license the land in the locality. Without permission, no unit or individual may operate labor dispatch business. Article 7 The following conditions shall be met for the application for the operation of labor dispatch business:
1) The registered capital shall not be less than RMB 2 million; (2) Have fixed business premises and facilities suitable for conducting business; (3) Have a labor dispatch management system that complies with the provisions of laws and administrative regulations; (4) Other conditions provided for by laws and administrative regulations.
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1. Handling conditions:
1.The paid-up capital of Shixunliang shall not be less than RMB 2 million;
2.Have a fixed place of business and facilities suitable for conducting business;
3.There is a labor dispatch management system that complies with laws and administrative regulations;
4.Other conditions stipulated by laws and administrative regulations.
2. Handling information:
1."Application for Labor Dispatch Business License" (original in duplicate) is noisy;
2.The established company legal person shall provide the business license of the enterprise legal person (original and one copy); The legal person of the company to be established shall provide the Notice of Pre-approval of Enterprise Name (original and one copy);
3.Articles of Association (one copy);
4.The established corporate legal person submits the financial audit report of the previous year issued by the accounting firm (original and one copy); For enterprises that have increased their capital in the current year, the registered capital is still the legal person of the company before the capital increase in the audit report, and the capital verification report (original and one copy) must also be provided;
5.The company legal person to be established and the company legal person established in the new year of Shengchang shall provide the capital verification report issued by the accounting firm (original and a copy);
6.Proof of use of business premises (real estate certificate should be submitted for self-owned office space, lease agreement and real estate certificate should be submitted for paid office space) (original and one copy); A list of office facilities and equipment, information management systems, etc., which are suitable for conducting business, including the name, quantity, model, and purpose of the equipment (one original).
7.The legal person of the established company shall provide the identity document of the legal representative (original and a copy); The legal person of the company to be established shall provide the letter of appointment of the legal representative of the general meeting of shareholders (original and a copy) and its identity document (a copy);
8.Power of attorney of the legal representative of the handling personnel (one original) and identity document (one original and one copy);
9.Written by real-time technology professionals, the labor dispatch management system, including labor contracts, labor remuneration, social insurance, working hours, rest and vacation, labor discipline and other rules and regulations related to the vital interests of workers (one copy); A sample of the labor dispatch agreement to be signed with the employer (one copy); A sample of the labor contract to be signed with the labor dispatch employee (one copy).
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The labor dispatch permit should be handled at the local labor administrative department. In addition, certain conditions need to be met, such as: the registered capital shall not be less than RMB 2 million, there is a fixed business premises and facilities suitable for the conduct of business, and there is a labor dispatch management system that complies with the provisions of laws and administrative regulations.
Article 57 of the Labor Contract Law of the People's Republic of China The following conditions shall be met for the operation of labor dispatch business: (1) The registered capital shall not be less than 2 million yuan; (2) Have fixed business premises and facilities suitable for conducting business; (3) Have a labor dispatch management system that complies with the provisions of laws and administrative regulations; (4) Other conditions provided for by laws and administrative regulations. To operate a labor dispatch business, it shall apply for an administrative license from the labor administrative department in accordance with the law; If it is permitted, the corresponding company registration shall be handled in accordance with the law.
Without permission, no unit or individual may operate labor dispatch business.
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The change of legal representative is the change of the legal representative of the labor dispatch company, and the materials that need to be provided during the change include: application for change registration; Resolution on change of legal representative; A copy of the identity certificate of the new legal representative, etc.
Regulations of the People's Republic of China on the Administration of Company Registration
Article 27 When a company applies for change of registration, it shall submit the following documents to the company registration authority:
1) Application for change of registration signed by the company's legal representative;
2) Amendment resolutions or decisions made in accordance with the Company Law;
3) Other documents required to be submitted by the State Administration for Industry and Commerce.
If the change of registration of the company involves the amendment of the articles of association, the amended articles of association or amendments to the articles of association signed by the legal representative of the company shall be submitted.
If the change of registration items is subject to approval before registration in accordance with the provisions of laws, administrative regulations or decisions, the relevant approval documents shall also be submitted to the company registration authority.
Article 30 If a company changes its legal representative, it shall apply for change of registration within 30 days from the date on which the resolution or decision on the change is made.
1. What are the conditions for setting up a labor dispatch company?
What kind of qualifications do labor dispatch companies need?
1. Report on the application for the establishment of a labor dispatch or shortage organization;
2. Feasibility report and implementation plan for the establishment of a labor dispatch organization;
3. Articles of association and relevant rules and regulations of labor dispatch organizations;
4. Copy of office building certificate (contract, lease agreement, property right certificate);
5. Letter of appointment of legal representative and copy of ID card;
6. Notice of Pre-approval of Name approved by the administrative department for industry and commerce.
7. According to Articles 57 and 58 of the Labor Contract Law of the People's Republic of China, a labor dispatch unit shall be established in accordance with the relevant provisions of the Company Law, and the registered capital shall not be less than 2 million.
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