The difference between labor and labor dispatch, and the difference between labor employment and lab

The applicable laws differ. The Labor Contract Law shall apply to labor dispatch, and the Contract Law shall apply to labor contracting.

2.The labor contractor may be an individual, a legal person or other entity. (It is not recommended to contract to individuals, and in practice, personal outsourcing is often judged as an employment relationship).

The labor dispatch unit must be a legal entity established in strict accordance with the provisions of the Labor Contract Law and in accordance with the relevant provisions of the Company Law, with a registered capital of not less than 500,000 yuan; The work performed by the worker is a business or functional activity of the enterprise.

3.The main body of responsibility for the management of workers is different. This is the main difference between the two.

The work organization form and working time arrangement of the employees who contract the contract shall be arranged and determined by the labor contracting unit itself;

Employees of labor dispatch units must work in accordance with the work organization form and working time arrangement determined by the employing unit.

4.Labor contracting is generally settled according to the predetermined labor unit price according to the workload completed by the labor contractor, and the subject matter of the contract is generally "matter";

Labor dispatch is generally based on the time and cost standards of dispatch, and the cost is settled according to the number of people dispatched as agreed, and the subject matter of the contract is generally "person".

5.The consequences of breaking the law are different.

The labor contractor shall not be liable for the employees of the labor contractor. The Contract Law shall apply to labor contracting, and the breaching party shall be liable for civil compensation in addition to the liability for breach of contract as agreed in the contract.

In the course of labor dispatch, if damage is caused to the dispatched worker, the labor dispatch unit and the employing unit shall be jointly and severally liable for compensation in accordance with the Labor Contract Law.

What do labor dispatch companies rely on to make money? Is it better to have a human resources company or a service outsourcing company? Which is more promising?

The difference between a labor service worker and a labor dispatch worker is that a labor dispatch worker is a form of employment that signs a labor contract with a labor service company, is managed by the labor service company, and is dispatched to work for the employer, and its labor relationship belongs to the labor service company. On the other hand, a laborer signs a labor contract with an employer, and the labor relationship belongs to the employer.

Labor outsourcing, in the legal definition of "contracting", refers to the flexible employment form in which an enterprise outsources part or all of the non-core processes in the business process, or the production links or production lines of non-core, auxiliary seasonal, and irregular production to human resource service providers, and the labor outsourcing unit can be either an enterprise or an individual.

1.The difference between the employment relationship. Dispatch workers.

It is a form of employment that signs a labor contract with a labor service company, is managed by the labor service company, and is dispatched to work in the employer, and its labor relationship belongs to the labor service company, and the management education, salary payment, and social security relationship of the employees belong to the labor service company. Contractors. It is to sign a labor contract with the employer.

2.Difference in the nature of the work. Dispatch workers.

It is mainly the employing unit, according to the nature of the work of the unit, a piece of the business of the unit is assigned to the labor service company as a whole, and the personnel of the labor service company are responsible for it in a centralized manner. For example, many manufacturing companies have packaging, loading and unloading businesses, cleaning business, property management business, etc. In general, dispatch workers are mainly engaged in heavy work.

3.Differences in use. Dispatch workers. The work generally engaged in is restrictive, single work, and its labor personnel are raised.

Legal basis: Article 59 of the Labor Contract Law of the People's Republic of China.

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.

Legal Analysis: The Difference Between Labor Dispatch and Labor Service: 1. Basic Differences.

In the labor dispatch relationship, the enterprise pays attention to the management of the labor process, and the employer directly directs and supervises the labor dispatch workers and arranges their work. In the service outsourcing relationship, the enterprise focuses on the management of work results, and the service personnel provide labor for the contractor. 2. The name of the contract.

In a labor dispatch relationship, a labor dispatch agreement is signed between the labor dispatch company and the actual employing entity; In a service outsourcing relationship, there is no special legal requirement for the name of the contract, which can be a service outsourcing agreement, etc. 3. The relationship with the labor service provider is different. In a labor dispatch relationship, there is a labor employment relationship between the actual employer and the labor dispatch worker; In a service outsourcing relationship, the employer has no direct relationship with the service personnel.

4. The management authority of the labor service provider is different. In a labor dispatch relationship, the actual employer directly assigns work tasks to the dispatched workers and supervises and directs them to complete the work tasks. In a service outsourcing relationship, the employer has no direct management authority over the service personnel, and the service personnel accept the work arrangement, supervision and command of the contractor. 5. The business field of application is different.

Legal basis: Article 1191 of the Civil Code of the People's Republic of China Where the staff of an employer causes damage to others due to the performance of their work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.

During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.