What are the forms of labor dispatch? Ask a professional for a look

Labor dispatch, i.e., labor leasing, is contracted and paid by the dispatching agency to the worker, and the worker is dispatched to other employers, who then pay a service fee to the dispatching agency. A dispatched worker is a dispatched worker. Labor dispatch employment is a supplementary form and can only be implemented in temporary, auxiliary or substitute jobs.

1. What is labor dispatch for?

Labor dispatch is a form of supplementary employment, which means that the labor dispatch agency dispatches the dispatched workers to other employers, and the employer pays a service fee to the dispatching agency. The labor dispatch entity 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.

2. What are the forms of labor dispatch workers?

Labor dispatch refers to a form of employment in which a labor dispatch agency signs a labor contract with a dispatched worker, dispatches the worker to another employer, and then the employer pays a service fee to the dispatching agency.

Labor dispatch is generally carried out in temporary, auxiliary or substitute positions. The specific forms of labor dispatch are as follows: full dispatch; transfer of dispatch; short-term assignments; project dispatch; Hourly dispatch; group dispatch, etc.

3. How to determine that it is labor dispatch.

Labor dispatch can be determined on the basis of the content specified in the labor dispatch agreement in accordance with the law. A labor dispatch entity dispatching a worker shall enter into a labor dispatch agreement with the employing entity. Labor dispatch refers to a form of employment in which a labor dispatch agency signs a labor contract with a dispatched worker, dispatches the worker to another employer, and then the employer pays a service fee to the dispatching agency.

Article 66 of the Labor Contract Law of the People's Republic of China provides that labor contract employment is the basic form of employment in Chinese enterprises. 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 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.

1) Full dispatch. The dispatch company undertakes a full range of employee dispatch services, including talent acquisition, selection, training, performance evaluation, compensation and benefits, safety and health, etc.

2) Transfer dispatch. Enterprises that need labor dispatch recruit, select, and train personnel on their own, and then the dispatch company signs a labor contract with the employee, and the dispatch company is responsible for the employee's compensation, benefits, performance evaluation, and handling labor disputes.

3) Downsizing and dispatching. Downsizing and dispatch refers to the transfer of the status of the employer to the dispatch company for self-recruited or hired employees. The company pays the dispatch company's employee dispatch expenses, and the dispatch company pays all possible expenses, including wages, benefits, various social insurances**, and bears all social and legal responsibilities of the employer.

The purpose is to reduce the number of permanent employees and enhance the organizational resilience and human resource flexibility in the face of risks.

4) Probationary dispatch. This is a new dispatch method, in which the employer transfers the new employee to the dispatch company during the probationary period, and then tries it out in the form of dispatch, the purpose of which is to make the employer more secure in the accurate selection of talents, avoid the risk of errors caused by selection and testing, and effectively reduce personnel costs.

5) Short-term dispatch. The employer and the labor dispatch agency jointly agree on a time period to hire and confirm the dispatched talents.

6) Project dispatch. Enterprises and institutions professionally employ relevant professional and technical personnel for a production or scientific research project.

7) Evening dispatch. Employers use specific hours of the evening to get much-needed talent.

8) Hourly dispatch. Special personnel are dispatched on an hourly basis.

9) Holiday dispatch. On Saturdays, Sundays, and statutory rest days, a group of first-class personnel will be sent to the company to work in major shopping malls and supermarkets, which effectively solves the problem of the company's holiday personnel needs.

10) Collective dispatch. State-owned enterprises and institutions dispatch idle personnel to third parties in part or in whole through labor dispatch agencies.

11) Job outsourcing. The dispatch company provides services to the employing unit, and the outsourced service personnel do not have any labor law relationship with the employing unit. Mainly for logistics services, such as: security, cleaning, greening, canteens, drivers, vehicles, medical services, etc.

[Legal basis].

Article 3 of the Labor Contract Law provides that an employer may only use dispatched workers in temporary, auxiliary or substitute positions.

The temporary jobs provided for in the preceding paragraph refer to positions that last for no more than 6 months; Ancillary jobs refer to non-main business positions that provide services to 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 specific forms of labor dispatch are as follows:

1 Full Dispatch The dispatch company undertakes a full set of employee dispatch services, including talent acquisition, selection, training, performance evaluation, compensation and benefits, safety and health, etc.

2 Transfer and dispatch Enterprises that need labor dispatch recruit, select and train personnel on their own, and then the dispatch company signs a labor contract with the employee, and the dispatch company is responsible for the remuneration, benefits, performance evaluation, and handling of labor disputes of the employees.

3 Attrition Dispatch Attrition is the transfer of the status of the employer to the dispatch company for the self-recruited or hired employees. The company pays the dispatch company's employee dispatch expenses, and the dispatch company pays all possible expenses, including wages, funds, benefits, various social insurances**, and bears all social and legal responsibilities that the employer should bear. Its purpose is to reduce the fixed employees of the enterprise and enhance the organizational adaptability and the flexibility of human resources in the face of risks.

4 Probationary dispatch This is a new dispatch method, in which the employer transfers the new employee to the dispatch company during the probationary period, and then tries it out in the form of dispatch, the purpose of which is to make the employer more secure in the accurate selection of talents, avoid the risk of errors caused by selection and testing, and effectively reduce personnel costs.

5 Short-term dispatch The employer and the labor dispatch agency jointly agree on a time period to hire and confirm the dispatched talents.

6. Project dispatch Enterprises and institutions professionally employ relevant professional and technical personnel for a production or scientific research project.

7 Evening Dispatch Employers use a specific time in the evening to acquire much-needed talent.

8 Hourly dispatch Special personnel are dispatched on an hourly basis.

9 Saturdays and Sundays are dispatched to a week.

6. Dispatch personnel to the basic pricing unit on Sundays.

10 Collective Dispatch State-owned enterprises and institutions dispatch idle personnel to third parties in part or in whole through labor dispatch agencies.