What is the difference between signing a contract with an employer and a labor dispatch company?

An employment contract is a contract signed between an employer and an employee, stipulating that the employee will provide labor and the employer will pay remuneration to the employee. A labor dispatch contract is a contract signed between a labor dispatch entity and an actual employing entity, in which the labor dispatch entity dispatches specific workers to the employing entity.

Legal analysisThe labor contract is signed based on the establishment of the labor relationship between the two parties, while the labor dispatch contract is signed between two units on the dispatch of employees, and there is no labor relationship between the two parties, but a general contractual relationship. The two parties to the labor contract have a relationship of subordination and management in their identities, and the employer manages the employee, and the employee needs to obey the management. However, the relationship between the two parties to the labor dispatch contract is completely equal, and there is no such thing as who is subordinate to whom and who manages whom.

In an employment contract, the employee directly establishes an employment relationship with the employer. In a labor dispatch contract, there is no employment relationship between the actual employer and the employee, but the dispatching entity that dispatches the employee establishes an employment relationship with the employee. For employment contracts, the parties may enter into fixed-term and indefinite-term employment contracts, and the specific length of the fixed period is entirely agreed upon by the parties themselves.

In the case of labor dispatch, the labor relationship established between the dispatching unit and the worker shall not be less than two years.

Legal basisLabor Contract Law of the People's Republic of China Article 58 A labor dispatch unit is an employer referred to in this Law and shall perform its obligations to its employees. 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.

The main difference lies in the subject of the labor relationship.

For example, if a unit is doing well, but its employee contracts are 1. and the unit directly signed a contract, 2. Sign a contract with a labor dispatch company.

First of all, the income will be different, and the income of employees will appear in two extremes, that is, employees who sign contracts directly with the unit will receive preferential treatment in all aspects, while the income of employees who sign contracts with labor dispatch depends on the overall efficiency of the labor dispatch company, and generally speaking, the income is lower.

Secondly, the handling of labor disputes is different, if a contract is signed with the unit, then under normal circumstances, his welfare and treatment and dispute resolution are guaranteed to a certain extent. However, if you sign a contract with a labor company, the employer can often easily infringe on the rights and interests, and it is difficult for employees to protect them.

This is the main difference between contract workers and labor workers, which is a common means for companies to circumvent the law and reduce costs.

It is to have a labor relationship with a labor dispatch company and sign a labor contract.

In labor dispatch, there is a tripartite relationship. The employee has a working relationship with the employer (i.e., the "employer" you refer to, which is legally the "employer") and an employment relationship with the labor dispatch company. The labor dispatch company and the employer have a business relationship, and if one party infringes on the rights and interests of the employee, the other party shall be jointly and severally liable for compensation.

It is best to sign a labor contract directly with the employer, and if a labor dispatch contract is signed, then the company can return the employee to the labor dispatch company at any time, and there is no need to pay economic compensation in accordance with the provisions of the labor contract law.

We conduct our own job interviews, and if we are hired, we will sign an employment contract directly with the employer.

If you are looking for a job through a human resources company, that is, a labor dispatch company. In this case, the subsequent signing of the labor contract and the future entry and resignation procedures are all carried out through the third-party company of the labor dispatch company.

It depends on who you have established an employment relationship with, and if you apply directly to the employer, you will establish an employment relationship with the employer and conclude a labor contract. If the job is arranged through a labor dispatch company, a labor contract will be concluded with the labor dispatch company and a labor dispatch contract will be signed with the employer.

If you are a worker recruited by the employer, you are signing an employment contract with the employer.

If a labor dispatch company recruits a person and is dispatched to work in an employer, it is necessary to sign a labor contract with the labor dispatch company.

It depends on the situation, if the employer recruits directly with the employer, the employee should sign a labor contract with the employer, and if the employer recruits personnel through a third party, and the worker enters the employer through the dispatch company, the employee should sign a labor contract with the dispatch company.

Hello, if you are a labor dispatch worker, in this case you have signed a contract with a labor dispatch company, good luck!

Your question is to ask, is it better to sign a labor contract with the employer or a labor dispatch company? In this case, I think it must be that the unit signs a labor contract, the unit can sign it for you, and the unit can sign a labor contract for you, and the normal one will give you five insurances and one housing fund.

The labor dispatch company signs the contract.

You can sign a labor contract with the employer, but not with the labor dispatch company, so that the labor relationship is consistent with the employer, and there are any problems that are easy to solve.

It is better to sign a labor contract with the employer, so that your rights and interests can be protected and you can work with confidence.

In my opinion, it is best for you to sign an employment contract with the employer, so that your rights and interests can be protected and you can work in the local area with peace of mind.

An employment contract should be signed with the employer.

If you have a choice, of course, you choose to sign an employment contract with the employer.

A general employment contract is an employment method adopted by the employer in order to avoid the risk of overuse.

Whether you sign a labor contract with an employer or a labor dispatch company, I think it is a labor contract with the employer.

Signing a labor dispatch contract with an employer means that you enter the company as a labor dispatcher, not a labor contract signed with the company, and do not enjoy the company's benefits, five insurances and one housing fund.

Labor dispatch is not an employer, but an intermediary company. If the salary meets your requirements, you can sign it, but you have to pay attention to labor security, such as social security and other issues.

Hello, if you and the employer do not sign a labor contract, but sign a labor dispatch contract, it means that you are not a regular employee of the employer, once there is a work-related injury, then you cannot claim compensation from the employer, so it is recommended that you negotiate with the employer and sign a formal labor contract.

Some organs, public institutions, and state-owned enterprises cannot directly employ non-staff personnel, and can only export labor services through human resources companies, which is only a form of employment. The contract is signed with the human resources company, and the human resources company handles and pays five insurances and one housing fund on behalf of the human resources company, and the employer assesses the personnel and remits the wages and benefits of the personnel to the human resources company for distribution.

Signing a labor dispatch contract with the employer means that you are not a regular employee of the unit, but a labor dispatch company that sends you to work in the company, and does not enjoy the employee benefits of the unit, and the official seal of the contract is not the seal of the unit, which is a temporary worker.

Signing a labor dispatch contract with the employer is a contract signed with you as a dispatch company, not a formal contract in the company, and such a contract does not have any protection for you.

It is to transfer you to the same or similar position to dispatch you, but be sure to ask the dispatching unit is ** If it is far away from home, you still have to consider it carefully.

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. A labor dispatch contract refers to a contract in which the actual employer and the labor dispatch company first sign a labor dispatch agreement, and then the labor dispatch company recruits employees on behalf of the employer.

1. The nature of the contract is different. A labor dispatch contract is a contract in which the assignee provides services to the dispatcher. An employment contract is a labor contract between an employer and an employee that determines the employment relationship.

2. The purpose of the contract is different. The purpose of a labor dispatch contract is to provide labor services, and the subject matter of the contract is the dispatcher's control over the dispatchee's labor behavior, while the purpose of the labor contract is to make the employee an internal member of the employer.

3. The degree of state intervention varies. Labor dispatch contracts are more likely to reflect the autonomy of the parties and the result of the parties' equal consensus, with a lesser degree of state intervention. In addition to reflecting the autonomy of the parties, the content of the employment contract also reflects the intervention of the state.

The Labor Law has made special provisions on the procedures for concluding contracts, the obligations of employers, working conditions, labor protection, minimum wages, and the termination of contracts, reflecting the special protection of workers by the state.

4. The subject and its relationship are different. In an employment contract, one party is the employee and the other party is the employer. The scope of application is limited to the employment of the employer, and the worker and the employer are subordinate to the leader and the led after becoming an internal member of the employer, abiding by its internal rules and regulations, and must undertake a certain type of work or position.

Labor dispatch contracts, on the other hand, do not have the above characteristics.

Legal analysis: 1. The units that sign the labor contract are different. A regular employee is a labor contract signed between the worker and the employer, and the employer pays social insurance, and the labor dispute is handled by both the worker and the employer.

A dispatched worker is a worker who signs a contract with a labor dispatch company and is dispatched by the labor dispatch company to work in the employing unit, and a labor dispute arises that is handled by both the worker and the labor dispatch company. 2. The units that establish labor relations are different. Regular employees, workers and the employer of work to establish a labor relationship.

Dispatch workers, workers who have established labor relations with labor dispatch companies, and have no labor relations with the employing unit.

Legal basis: Article 3 of the Interim Provisions on Labor Dispatch 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 employer's decision to use the auxiliary positions of the dispatched workers shall be discussed by the workers' congress or all employees, and the plan and opinions shall be put forward, and the decision shall be made through consultation with the trade union or employee representatives on an equal footing, and shall be publicized within the employing unit.

Legal analysis: 1. The length of time for signing the contract is different. There is no legal provision on the time for signing an employment contract, and the relevant provisions of the labor dispatch contract shall be a fixed-term employment contract of more than two years.

2. The form of employment is different. The two parties to the labor contract directly employ the employee, while the two parties to the labor dispatch contract do not directly employ the employee, but the employee works in the employing unit. 3. The subjects involved are different.

An employment contract only involves the employer and the employee, while a labor dispatch contract involves the employer, the employer and the employee.

Legal basis: Labor Contract Law of the People's Republic of China Article 59 A labor dispatch entity dispatching a worker shall enter into a labor dispatch agreement with the entity accepting 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.

The difference between a labor dispatch contract and an employer's contract:

1. The subject of the contract is different. The two parties to the labor dispatch contract are the labor dispatch unit and the employing unit; The main body of the labor contract is to balance the employer and the employee.

2. The purpose of the contract is different. The purpose of a labor dispatch contract is to provide labor services and the subject matter of the contract is the employer's domination over the employee's labor behavior, while the purpose of the labor contract is to make the employee an internal member of the employer.

The Labor Law makes special provisions on the procedures for concluding contracts, the obligations of employers, working conditions, labor protection, minimum wages, and the termination of contracts, reflecting the special protection of workers by the state.

4. The legal adjustment is different. The labor contract is regulated by the labor law; The employment contract should be subject to civil law adjustments. Although the Contract Law does not explicitly stipulate it, the civil law is used to adjust it in judicial practice.

5. The procedures for handling contract disputes are different. In the event of a dispute over a labor contract, the judicial authority can only intervene after the pre-arbitration procedure, and the dispute shall be handled in accordance with the provisions of the Labor and Sales Law, and the arbitration institution or court may rule that the employer continues to perform the labor contract; Similarly, the termination of the contract shall follow certain legal procedures to determine the stoppage.

Legally speaking, the labor relationship of the labor dispatch personnel is signed with the labor dispatch unit, and the labor dispatch unit i purchases social insurance for the employee in accordance with the law, but has nothing to do with the employing unit. No matter which employer you sign a labor contract with, it will not affect the retirement age and pension insurance.