Why should the company ask employees to sign contracts with third party labor companies?

Signing a contract with a third-party company means that the employing company entrusts a labor dispatch company to sign a labor contract with it.

The labor dispatch company is then assigned to the current unit, that is, the current unit is the actual employer, thus forming a tripartite form of labor dispatch. Signing an employment contract with a third-party company means that an additional layer of employment relationship is added between the employee and the employer.

Under normal circumstances, it is equivalent to the employer sending the employee to a third-party company to work or take up a position, and the main purpose is to avoid operating costs caused by the employer to re-contract with the employee.

increase. Employees should be aware of the relevant regulations at the time of signing the contract to avoid damage to their own interests.

The official website shall prevail.

When you say personnel dispatch or labor dispatch, you should be referring to personnel dispatch or labor dispatch.

Personnel dispatch is a kind of human resource outsourcing, which refers to the fact that the enterprise entrusts its personnel management to a specialized talent service professional organization, but the trustee is still subordinate to the entrusting enterprise. There are two main forms of personnel dispatch: one is to lease personnel for a certain period of time; The other is to lease personnel based on the completion of a certain work project.

Labor dispatch, to put it simply, is that you sign a labor contract with the labor company, and then send you to work in the current company, and you are an employee of the labor company, not an employee of the current company, and to put it simply, it is a "temporary worker".

This mitigates the risks taken by the business as well as the human resources of the business.

The signing of a labor contract by a third party means that when an employee enters the enterprise, he or she does not sign a labor contract with the enterprise, but with the human resources company (i.e., a third party) outsourced by the enterprise, so the employee is dispatched to work in the enterprise, not a formal employee of the enterprise.

The employee signs a labor contract with the employer, i.e., a third-party outsourcing company, and then dispatches the employee to the employer. The basic interests of employees can be guaranteed, but the salary and benefits may be lower than that of regular employees, the risk is that the enterprise does not need manpower, it can not get economic compensation, can only return to the employer, if the employer does not have a new arrangement, only enjoy the local minimum wage, of course, unless otherwise agreed.

Legal analysis: The reason for signing the contract is to agree with the labor dispatch company on the number of personnel, dispatch period, labor remuneration, etc. The third-party contract means that when the enterprise enters the enterprise to work, it does not sign a labor contract with the enterprise, but signs a labor contract with the human resources company (i.e., a third party) outsourced by the enterprise, so the employee to work in the enterprise is in the nature of dispatch, not a formal employee of the enterprise.

Legal basis: Article 59 of the Labor Contract Law of the People's Republic of China The dispatched workers of the 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 employment period of continuous return to the labor unit into several short-term labor dispatch agreements.

Legal Analysis: Legal. If labor dispatch is still used, then the labor dispatch is generally not more than six months, and there are extremely strict restrictions.

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

Article 66 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.

The temporary jobs provided for in the preceding paragraph refer to positions that last for no more than six months; Ancillary jobs refer to non-main business positions that provide services to the main business positions. Substitute jobs refer to positions in which employees of the employer are unable to work due to full-time study, vacation, etc., and can be replaced by other workers. The employing unit shall strictly control the number of labor dispatch workers, and shall not exceed a certain proportion of its total number of employees, and the specific proportion shall be prescribed by the labor administrative department.

Article 67 An employer shall not set up a labor dispatch unit on its own. An employer shall not set up a labor dispatch unit to dispatch workers to its own unit or its subordinate units.

Legal analysis: If the employer and the employee reach an agreement through negotiation, the employer will terminate the labor contract and pay the employee severance in accordance with the law, and the employee will sign a labor contract with the third party, which is legal.

If the employer proposes to terminate the labor contract on this basis, the employee may apply to the labor dispute arbitration commission where the employer is located for labor arbitration, requesting that the employer be found to have terminated the labor contract in violation of the law and that the employer pay compensation (two months' wages for each year of service).

Legal basis: Article 36 of the Labor Contract Law stipulates that the employer and the employee may terminate the labor contract if they reach a consensus through consultation.