What are the key points of risk prevention in labor dispatch employment?

Strengthen the management and supervision of labor dispatch units. For the supervision of the selected labor dispatch company, mainly in terms of wage payment and social insurance formalities, the labor dispatch company may be required to provide a monthly copy of the receipt or bank receipt of the labor dispatch worker's salary, and the declaration form of the newly insured social insurance personnel stamped by the social security department, and may also require the labor dispatch company to authorize the employing enterprise to directly pay wages to the labor workers on its behalf.

Standardize the operation process in the process of labor dispatch. When accepting labor dispatch workers, the labor dispatch company is required to issue a labor dispatch letter of introduction with the name of the labor dispatch worker, a copy of the labor contract, a physical examination certificate and other materials to verify whether the quality of the labor dispatch salary meets the requirements of the corresponding position. In the case of the return of the labor dispatch contract before termination, it is necessary to keep the original written materials such as the resignation letter of the labor dispatch worker, the record of violations, the certificate of incompetence of the job requirements, and the certificate of loss caused to the enterprise.

Strengthen communication with labor dispatch companies. Establish a regular work meeting system with labor dispatch companies, intervene in advance and participate in the interview work of labor dispatch companies recruiting workers at the source of work, establish the content and channels of regular written transmission of information with labor dispatch companies, and jointly prepare emergency response plans and establish early warning and handling mechanisms with labor dispatch companies.

Implement humanized management for labor dispatch workers. Provide labor dispatch workers with the same training opportunities and competitive promotion platforms as enterprise employees, and encourage labor dispatch workers to participate in various activities organized by enterprises. Do not abuse the flexible return mechanism for labor dispatch workers agreed with the labor dispatch company, and promptly negotiate with the labor dispatch company when it is found that the labor dispatch company infringes on the interests of the labor dispatch worker.

Labor dispatch units do not have labor dispatch qualifications. Some enterprises enjoy a lot of convenience when using labor dispatch workers, such as not paying wages directly to labor dispatch workers, not including expenses in the total salary of the enterprise, not issuing work permits, not checking the attendance of labor dispatch workers, not going through any recruitment procedures, and even not requiring labor dispatch workers to comply with all the rules and regulations of the enterprise. However, after a dispute arises between an enterprise and an employee, the labor dispute arbitration institution still confirms the existence of an employment relationship between the labor dispatch worker and the employing enterprise, and requires the employing enterprise to be directly liable.

Legal analysis: 1. The employment operation of individual dispatch companies is not standardized.

Some private dispatch companies operate in an irregular and illegal manner, such as not paying or underpaying social insurance, or deducting employees' wages in disguise, which affects the overall image of the labor dispatch industry and undermines the trust of enterprises and individuals in the form of labor dispatch employment. In addition, due to the triangular relationship between dispatched employees, dispatched units and employers, it is more likely to lead to disadvantages such as unguaranteed employee benefits and easy neglect of labor safety.

Second, the high mobility of personnel is not conducive to the management of society and enterprises.

Because the wages and benefits of dispatched employees are lower than those of regular employees, and they are engaged in more low-level or high-intensity jobs, the dispatched workforce is unstable, the turnover is frequent, and the turnover rate and unemployment rate are high, which brings management difficulties to both the dispatching unit and the employer.

Third, it is difficult for supporting facilities to meet the demand for labor dispatch.

Since many of the dispatched workers are foreigners, it is necessary to arrange suitable accommodation for them in order to be able to work safely and securely. However, with the rapid increase in the number of labor dispatch in recent years, it is impossible to meet the rapidly growing demand for labor dispatch in the short term. In fact, the accommodation facilities have restricted the pace of introducing foreign talents to a certain extent, so the recruitment of labor personnel and foreign recruitment of talents have caused a certain impact.

4. Responsibilities of labor dispatch employers.

For dispatched employees, his or her employer is a labor dispatch company, and the subject of work-related injury determination is the labor dispatch company. However, in the case of a labor dispatch company, since the dispatched employee is injured in the process of providing labor services to the dispatching entity, under normal circumstances, the labor dispatch company and the dispatching unit will agree in the contract that the employer's obligations arising from the work-related injury shall be borne by the dispatching unit.

Therefore, if a dispatched employee has a work-related accident, he or she should directly contact the labor dispatch company. The labor dispatch company will require the employer to assume corresponding obligations according to the dispatch contract.

Legal basis: Article 58 of the Labor Contract Law of the People's Republic of China provides that a labor dispatch unit is an employer for the purposes of this Law and shall fulfill its obligations to employees. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between a labor dispatch unit and a dispatched worker shall also specify the employing unit of the dispatched worker, the duration of the dispatch, 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.

Labor dispatch is basically divided into: labor dispatch, labor dispatch (including employment), and form outsourcing.

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 a labor dispatch unit and a dispatched worker shall also specify the employing unit of the dispatched worker, the duration of the dispatch, 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 unit dispatching a worker shall conclude 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.

Article 60 The labor dispatch unit shall inform the dispatched workers 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.

Legal Analysis: The risks of employing labor dispatch workers include: 1. Non-standard employment operations of individual dispatch companies; Second, the high mobility of personnel is not conducive to the management of society and enterprises. Third, it is difficult for supporting facilities to meet the demand for labor dispatch. 4. Responsibilities of labor dispatch employers.

Legal basis: Labor Contract Law of the People's Republic of China Article 92 Whoever, in violation of the provisions of this Law, operates labor dispatch business without permission, shall be ordered by the labor administrative department to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than one time but not more than five times the amount of the illegal gains; where there are no unlawful gains, a fine of up to 50,000 yuan may be imposed.

Where a labor dispatch unit or employing unit violates the provisions of this Law on labor dispatch, the labor administrative department shall order it to make corrections within a specified period of time; If the correction is not made within the time limit, a fine of 5,000 yuan to 10,000 yuan per person shall be imposed, and the labor dispatch business license shall be revoked for the labor dispatch unit. If the employer causes damage to the dispatched worker, the labor dispatch unit and the employer shall be jointly and severally liable for compensation.

Summary. Hello According to our inquiry, 1. Carefully review the qualifications of the labor dispatch unit, and choose a dispatch company with legal qualifications to sign the labor dispatch agreement.

2. The specific content of the dispatch agreement signed with the dispatch company shall include the number of dispatched positions and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance, and the liability for violating the agreement.

3. Strictly control the proportion of dispatched workers, and decide to use the auxiliary positions of dispatched workers, which shall be agreed upon through democratic procedures and publicized in the employing unit.

4. If the labor dispatch is carried out for the workers who originally belong to the employer, it is best to go through the procedures for terminating the labor contract first, pay the severance to the employee, and then let the employee sign the labor contract with the dispatch company, so as to avoid the labor contract being deemed invalid.

5. Supervise and urge the dispatch company to sign a labor contract with the employee, and stipulate in the dispatch agreement that the dispatch company will keep the labor contract signed with the worker in the employing unit for the record, so as to prevent the labor dispatch unit from not signing or delaying the signing of the labor contract.

6. Labor dispatch workers are required to sign the roster of labor dispatch employees to clarify the employment method as labor dispatch.

7. The employer shall renew the dispatch agreement with the labor dispatch company as soon as possible after the expiration of the agreement, and urge the dispatch company to renew the labor contract with the employee in a timely manner.

8. Try to avoid frequent replacement of dispatch companies to dispatch the same worker, as disputes are prone to occur in labor contracts, social insurance and other matters during the handover process, and workers will also demand the actual employer to bear the responsibility due to the difficulty of claiming rights from multiple companies.

How employees can prevent risks in labor dispatch.

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Hello According to our inquiry, 1. Carefully review the qualifications of the labor dispatch unit, and choose a dispatch company with legal qualifications to sign the labor dispatch agreement. 2. The specific content of the dispatch agreement signed with the dispatch company shall include the number of dispatched positions and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance, and the liability for violating the agreement. 3. Strictly control the proportion of dispatched workers, and decide to use the auxiliary positions of dispatched workers, which shall be determined through democratic procedures and publicized by the employing unit.

4. If the labor dispatch is carried out for the workers who originally belong to the employer, it is best to go through the procedures for terminating the labor contract first, pay the severance to the employee, and then let the employee sign the labor contract with the dispatch company, so as to avoid the labor contract being deemed invalid. 5. Supervise and urge the dispatch company to sign a labor contract with the employee, and stipulate in the dispatch agreement that the dispatch company will keep the labor contract signed with the worker in the employing unit for the record, so as to prevent the labor dispatch unit from not signing or delaying the signing of the labor contract. 6. Labor dispatch workers are required to sign the roster of labor dispatch employees to clarify the employment method as labor dispatch.

7. The employer should renew the dispatch agreement with the labor dispatch company as soon as possible after the expiration of the dispatch agreement, and urge the dispatch company to renew the labor contract with the employee in a timely manner. 8. Try to avoid frequent replacement of dispatch companies to dispatch the same worker, as disputes are prone to occur in labor contracts, social insurance and other matters during the handover process, and the worker will also demand the actual employer to bear the responsibility due to the difficulty of claiming rights from multiple companies.