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1. Business consultation: preliminary understanding of the intentions of both parties and confirmation of the company's legal qualifications;
2. Employer's requirements: Employers put forward employment needs and standards according to their own conditions;
3. Analysis and inspection: according to the requirements of the employer, understand the actual working environment and position, and if necessary, conduct inspections to determine the recruitment method of dispatched employees;
4. Propose dispatch plans: formulate labor dispatch plans according to the requirements of different employers and the existing situation;
5. Negotiation plan: the two parties study and negotiate the content of the labor dispatch plan, and modify and improve the dispatch plan under the premise of legal employment;
7. Implementation: Strictly implement the provisions of the "Labor Dispatch Contract".
1) The registered capital of the labor dispatch unit shall not be less than 500,000 yuan. Strict restrictions on the access of labor dispatch units, improve the financial strength of labor dispatch units, and strengthen the protection of dispatched workers.
2) The labor dispatch entity shall conclude a fixed-term labor contract with the dispatched worker for a fixed period of more than two years. Stabilize the labor relationship between the labor dispatch unit and the dispatched workers, enhance the sense of occupational security of the dispatched workers, and prevent the labor dispatch units from evading their legal obligations and infringing on the legitimate rights and interests of the workers in the form of short-term contracts.
3) During the period when the dispatched worker is not working, the dispatching unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people**, so as to ensure that the worker will not fall into hardship in the case of no work.
4) The labor dispatch unit shall not deduct the labor remuneration paid by the employer to the dispatched worker in accordance with the labor dispatch agreement.
5) Fees shall not be charged to dispatched workers. In order to prevent labor dispatch units or employers from taking advantage of their strong position to collect fees from workers in the form of security deposits, deposits, etc., which infringes on the legitimate rights and interests of workers.
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It's not good to do anything, there's no employer who is really responsible for you, you work for nothing, and you don't pay for the same job, you do as much as the regular worker, or much more than the regular worker, but you get paid half or less than the regular worker, so it's okay to go to the bad job of labor dispatch
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It's okay to do anything. Qingdao Renshengda labor service is a professional human resources service provider, the core business for labor dispatch, human resources outsourcing, personnel and talent headhunting, the Ministry of Human Resources and Social Security A-level professional qualification Qingdao excellent human resource management brand, is the China Association of Enterprises with Foreign Investment and the Insurance Industry Association chief recommended personnel outsourcing brand, Qingdao ** reemployment project strategic alliance unit, the company has established cooperative relations with dozens of colleges and universities and enterprises and institutions inside and outside the province, A large number of well-known enterprises at home and abroad are the company's strategic partners. ]
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Legal Analysis: Labor dispatch refers to a form of employment in which a labor dispatch entity signs a labor contract with a dispatched worker, dispatches the worker to the employing unit, and then the employing unit pays a service fee to the labor dispatch unit. Labor dispatch employment can only be carried out in temporary, auxiliary or substitute positions.
There are two forms of labor dispatch, one is to lease personnel for a certain period of time, and the other is to lease personnel based on the completion of a certain work project. For employers, labor dispatch makes personnel management simpler and faster, reduces costs, increases the flexibility of employment, avoids brain drain and reduces labor disputes. For dispatched personnel, labor dispatch broadens employment channels, reduces information asymmetry, and helps safeguard the legitimate rights and interests of dispatched employees.
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.
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1. Implement national labor standards and provide corresponding labor conditions and labor protection; 2. Inform the dispatched workers of their work requirements and remuneration; 3. Pay overtime pay and performance bonuses, and provide job-related benefits; 4. Provide necessary training for the on-the-job dispatched workers; 5. In the case of continuous employment, the normal wage adjustment chain loss mechanism shall be implemented. The employer shall not re-dispatch the dispatched worker to another employer.
Article 66 of the Labor Contract Law provides that 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 main business positions; Alternative jobs refer to positions in which employees of the employing unit are unable to work due to full-time study, vacation, etc., and can be replaced by other workers within a certain period of time.
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.
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Labor dispatch, also known as talent dispatch, talent leasing, labor dispatch, and state rubber labor leasing, refers to the labor contract signed between the labor dispatch agency and the dispatched labor, and the dispatched labor pays labor services to the dispatching enterprise (actual employing unit), and the labor contract relationship exists between the labor dispatch agency and the dispatched labor, but the fact of labor payment occurs between the dispatched worker and the dispatching enterprise (actual employing unit).
Labor dispatch has a variety of English translations due to the different names commonly used.
Employee leasing staffleasing
Employee leasing employeeleasing
1. How to pay social security for labor dispatch.
Labor dispatch, also known as labor dispatch and labor leasing, refers to the signing of a labor contract between the dispatching agency and the dispatched laborer, and the dispatched laborer pays labor services to the dispatching enterprise. The relationship between labor dispatch organizations and workers is that of an enterprise and an employee, and the adjustment of their mutual relationship shall be governed by the Labor Law. In terms of legal relationship, the relationship between the labor dispatch organization and the labor personnel is that of the enterprise and the employee, so the dispatching unit should pay various social security fees for the dispatched workers; At the same time, Article 58 of the Labor Contract Law stipulates that:
The labor dispatch entity is the employer referred to in this Law and shall fulfill the employer's obligations to the employee, so it is the legal obligation of the labor dispatch entity to pay social insurance for the employee. Of course, in the field of employment practice, based on the consideration of efficiency, the dispatching unit may agree with the dispatching unit that the dispatching unit will directly pay various social insurance for the employee, so as to avoid the complicated process of the dispatching unit paying the employment fee to the dispatching unit and the dispatching unit paying social insurance for the employee, but this agreement is only a contractual obligation between the two parties and does not change the nature of the legal obligation of the dispatching unit.
2. What is the meaning of the contract signed by the American Standard outsourcing position?
Labor dispatch contracts. 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 of the travel bureau pays a service fee to the dispatching agency. Generally, with the approval of the provincial and municipal labor and personnel departments, a professional human resources service company can be established, and the main business is human resources outsourcing, human resources dispatch, and providing enterprises with first-class information on talents through the recruitment network, providing job registration and job recommendation for individuals; At the same time, it also provides enterprises with the holding of job fairs, consultation on laws and regulations, etc.
Labor dispatch is generally carried out in temporary, auxiliary or substitute positions. The advantages of labor dispatch are: simplifying management procedures, reducing labor disputes, sharing risks and responsibilities, reducing costs, independent and flexible employment, and standardizing employment behaviors.
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Legal Analysis: Labor dispatch refers to the dispatch of workers by a labor dispatch entity to the employing unit for labor. There is a tripartite relationship between the labor dispatch unit, the employing unit and the worker.
Dispatched workers are entitled to equal remuneration for equal work with other workers of the employing entity. At the same time, the labor dispatch unit shall enter into a fixed-term labor contract with the dispatched worker for at least two years, and if the dispatched worker is not working, the labor dispatch unit shall pay the worker monthly remuneration in accordance with the minimum wage standard stipulated by the local people.
Legal basis: Article 58 of the Labor Contract Law stipulates that a labor dispatch entity is an employer for the purposes of this Law and shall fulfill its obligations to employees.
The labor contract concluded between the labor dispatch unit and the dispatched worker shall specify the matters specified in Article 17 of this Law. 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; When the dispatched worker is not working, the veteran dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.
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1. Implement national labor standards and provide corresponding labor conditions and labor protection; 2. Inform the dispatched workers of their work requirements and remuneration; 3. Pay overtime pay and performance bonuses, and provide job-related benefits; 4. Provide on-the-job dispatched workers with the necessary training for their jobs; 5. In the case of continuous employment, the normal wage adjustment mechanism shall be implemented. The employer shall not re-dispatch the dispatched worker to another employer.
Labor dispatch is a practical topic put forward in the practice of establishing a labor market mechanism in China, a relatively new form in China's labor economy, and it is also the fastest growing form at present. On the premise of recognizing the essence of labor dispatch, it is more important to know how much potential labor dispatch has in absorbing employment. For a developing country like China, which has a huge number of low-quality labor resources, the labor economy such as labor dispatch is more suitable for China's factor endowment and can give full play to China's comparative advantages in resources.
Especially in recent years, when China's traditional jobs have been decreasing and the labor supply has been increasing, the development of Zhinaliang labor dispatch is of greater significance. Labor dispatch, also known as human resource dispatch. According to its own work and development needs, employers can dispatch all kinds of personnel (sales, clerks, general technicians, laborers, etc.) through regular labor dispatch companies.
After the implementation of labor dispatch, the actual employer and the labor dispatch organization sign the "Labor Dispatch Contract" or dispatch agreement, the labor dispatch organization signs the "Labor Contract" with the labor personnel, and the actual employer and the labor personnel sign the "Employment Agreement", and the tripartite relationship is as follows: "labor dispatch" is a broad concept of phenomena, institutions, groups of people and behaviors, which has three meanings: "labor dispatch" type work arrangement, "labor dispatch" organization, and "labor dispatch" type employment.
"Labor dispatch" type of work arrangement: "labor dispatch" type of work arrangement is a new form of organization of production factors, which is a form of work arrangement in which the employer arranges some temporary, non-fixed or special work needs through an external organization that only engages in profit-making labor service provision business. Organization "Labor Dispatch":
The "labor dispatch" organization is a new form of social resource organization that is different from traditional enterprises. It is engaged in labor activities that simply manage labor resources, and it earns profits by dispatching employees to work in employers to survive and develop. "Labor dispatch" type of employment:
"Labor dispatch" type of employment is a form of informal employment. The worker is an employee of a labor dispatch enterprise, and the employment relationship with the dispatch agency is one; However, the employee works for the employer and is subject to relevant management, and the relationship between the employer and the employee is that of using and being used. Compared with various forms of employment, the characteristic of "labor dispatch" type of employment is that it is fixed-term and dependent employment.
If the employer is changed for reasons other than the employee's own, the working years of the original employer shall be counted into the working years of the new employer. However, you must provide information about the change of employer that is not your own. At present, if you want to keep this job, you can only sign it like this, and if there is a labor dispute in the future, you can bring it up. >>>More
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According to the regulations, dispatch companies and enterprises are not allowed to charge any fees to their workers. Dispatched workers are charged management fees, and there is no fixed standard for management fees, ranging from dozens to hundreds. The specific charging standard is comprehensively determined by the company according to the position, work intensity and recruitment difficulty of the employees required by the enterprise, and the charging standard of the labor service company is determined by both parties through negotiation.
There are two ways to pay:
1. The employer pays the wages directly to the employees, and the social security and management fees are paid to the dispatch company; >>>More
Nowadays, many workers have such a question, what is the difference between labor dispatch and labor outsourcing? We can distinguish in the following ways: The applicable laws are different. >>>More