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Labor dispatch refers to the conclusion of a labor contract between a labor dispatch agency and a dispatched worker.
A form of employment in which a worker is dispatched to another employer, and then the employer pays a service fee to the dispatching agency. Labor dispatch is also known as manpower dispatch, talent leasing, and labor leasing.
The official website shall prevail.
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Benefits of labor dispatch (1) According to the actual needs of enterprises, provide professional personnel services, so that enterprises can not only introduce advanced personnel management methods in a timely manner, avoid policy risks, improve employee satisfaction, but also save a lot of manpower, capital and time for transactional work.
2) It can reduce the cost of employing enterprises. When calculating the total expenditure of leasing services, the employer mainly considers the efficiency of the position, determines the wage standard based on the market, and adjusts the salary and welfare benefits independently, so that the cost of the comprehensive accounting unit is much lower than the expenditure of the employees.
3) Convenient personnel management. Employers do not need specialized personnel or institutions to manage dispatched personnel, and when using these personnel, they only need to make relevant management regulations and manage and evaluate them according to the assigned work tasks. When the contract expires, the contract with the labor dispatch company is terminated, and whether the contract is renewed or not is mainly up to the employer.
Employers can increase the number of personnel when increasing business and reduce personnel when business decreases, and the employment is very flexible and flexible.
4) Adopting the new employment method of labor dispatch, the employee signs the "Labor Contract" with the labor dispatch agency, which ensures that the labor and management are protected by law and the rights and interests of employees are protected under the premise of complying with the labor law. Employees will work harder for the employer due to the protection and constraints of the labor contract, but the original welfare and management system have not changed.
5) Labor disputes can be reduced. Under the guidance of relevant national laws, regulations and labor and personnel policies, the employer and the labor dispatch company sign a labor dispatch (leasing) agreement, and the labor dispatch company signs an employment contract with the hired personnel, and the employer and the hired personnel are in a paid use relationship. In this way, the employer can avoid disputes directly with the hired person in the employment relationship.
6) It can transfer the risk of the enterprise. The employer signs a labor lease (dispatch) agreement with the labor dispatch company, specifies the number of people, conditions, treatment, etc., and submits the list of candidates to the employer through the recruitment, screening and evaluation organized by the labor dispatch company, and the employer determines the candidates. The labor dispatch company signs an employment contract with the employee, and after the employee takes up employment with the employer, the employer can determine the salary and benefits according to the employee's job position and work performance.
When the contract expires, the labor lease (dispatch) agreement is renewed or terminated, which is simple, effective, less risky and more standardized for enterprises.
In short, after adopting the new employment method of labor dispatch, the management function of employment can be purified to the greatest extent. It reduces the workload of enterprises and enables them to concentrate on participating in market competition. Labor relations have been straightened out, employment behaviors have been standardized, and stable labor relations have been established between labor units and labor personnel.
At the same time, for individual workers, their legitimate rights and interests are more guaranteed after changing the employment mode.
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If I read your question and description, I can tell you unequivocally that the company forcibly requires ordinary employees to be converted into dispatch workers.
is unreasonable and unlawful; At the same time, employees should be aware that if they continue to work in such an enterprise, whether they follow the company's arrangement or not, they are doomed to suffer a loss, but they still have countermeasures to deal with it. The reason why I say that it is unreasonable and illegal for an enterprise to forcibly change an employee from a regular employee to a labor dispatch worker is that there is a labor contract relationship between the employee and the enterprise, and when the contract has not expired, the enterprise forcibly turns an ordinary employee into a labor dispatch worker, which is essentially a forced and illegal termination of the labor contract in advance. This practice of the enterprise is a clear violation of the Labor Contract Law.
The illegal practices of enterprises are inevitably unreasonable for ordinary employees, because doing so will only harm the vital interests of ordinary employees. In addition, in order to achieve the goal of changing ordinary employees into dispatched workers, enterprises implement the practice of not raising wages for employees who do not follow the requirements of the enterprise, so as to force employees to comply.
However, have the employees ever thought that once they obey the arrangement of the enterprise and change to labor dispatch workers, it means that the employees have no direct contractual relationship with the enterprise, and the labor dispatch workers are no longer employees of the enterprise, and have nothing to do with the employer. Impossible. Therefore, as long as the employee becomes a labor dispatch worker, the company's previous promises will have nothing to do with you, and then the employee will be "dumb and can't say what is suffering".
Another point is that the company forcibly converts the employee into a labor dispatch worker, that is, forcing the employee to first take the initiative to terminate the labor contract, and then to contact the labor company.
Sign the contract. There is an interest issue here, that is, there is no compensation for the employee to terminate the labor contract on his own initiative, and the employee will suffer a big loss if he does so. Therefore, ordinary employees should take the initiative to take action and do their best to protect their legitimate rights and interests in the face of the company's forced request to become dispatched workers.
I think employees can do this: employees who are required to become dispatched workers join forces to resist and demand that the company fulfill the agreed content of the labor contract, so that at least the employee can work until the contract expires. If the company forcibly transfers the employee to labor dispatch, then the employee should demand that the company pay the corresponding compensation, and then it is not too late to transfer to labor dispatch.
If you don't make any compensation, let the employees switch to labor dispatch, and resolutely don't do it; I'd rather not raise my wages than work as a dispatch worker. If the company does not agree to your request, then there is no need to say, go directly to the labor bureau to complain, and the employees will join forces to complain, and they will definitely get legal support, and then they can negotiate with the company to deal with the matter of transferring labor dispatch. The above is mine, I hope it helps you.
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It depends on your previous position in the company, if you used to be a regular worker, it is really not appropriate to transfer you to a dispatch worker now.
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This is unreasonable, and the company does not have the right to turn you into a dispatch worker, so you should have a good discussion with the company, and if you really can't reach a good agreement, you can also go to the local labor bureau to apply for arbitration.
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It is simply unreasonable, and the company's behavior has violated the relevant provisions of the labor law, so at this time, you can protect your rights through legal means.
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Legal analysis: From a legal point of view, a labor dispatch company shall pay you economic compensation according to your length of service with the labor dispatch company according to your length of service in the labor dispatch company, one month's salary for each full year, half a month's salary for less than half a year, and one month's salary for less than half a year. You can apply for labor arbitration free of charge from the labor arbitration commission of the local county.
Legal basis: Labor Contract Law of the People's Republic of China
Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. 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.
Article 59 A labor dispatch entity 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 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.
Article 60 The labor dispatch unit shall inform the dispatched worker of the contents of the labor dispatch agreement.
The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement.
Labor dispatch units and employing units shall not collect fees from dispatched workers.
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The labor stove is a good stove, and the stove party has signed a labor contract on an equal footing.
The termination of the labor contract shall also be negotiated on an equal footing. As long as there is persecution, it is illegal. But we should all know that employers should have autonomy in self-dissolving labor.
It's not that we can work in a unit for the rest of our lives. Just saw Wall Street.
Some banks have started mass layoffs. Therefore, we must also be prepared to be fired when we work in the company.
The employer requires the employee to switch to labor dispatch.
position, which belongs to the change of employer. Theoretically, severance should be paid in accordance with the termination provisions.
or indemnity. After dismissal, the employee decides whether to join the labor dispatch according to his or her personal circumstances. Generally speaking, an agreement between our company and an employee can terminate an employment contract.
If there is a disagreement in the negotiation, the company must pay wages and assign work in the same way as before, and it is illegal not to reduce wages or work without authorization.
We are working for the company, but remember that our workers are on the same level as the company. Businesses can't do degrading things. If the employer does not renew the employment contract with the employee upon expiration, it shall pay one month's severance every year according to the working hours of the enterprise.
If a company dismisses an employee without consulting the employee, it will be required to pay compensation twice the amount of the severance payment. And, in both cases, the worker can get unemployment benefits.
Businesses can dismiss employees, but pay corresponding financial compensation and compensation payments. Then the worker can also choose whether to go to the labor dispatch company or return to the company, and they have autonomy. If the enterprise fails to pay economic compensation or compensation fees in accordance with the regulations, the employee shall file the complaint with the labor dispute arbitration department or labor inspection.
The department complains about the protection of rights, and they will protect our legitimate rights and interests in accordance with the law. If they don't act, we can then file a complaint with the disciplinary department. We all have the means of remedy, and it's not like there is no one to protect everyone's rights, as some people think.
As long as we all stand up voluntarily, we can promote the formation of a clean and decent harmonious working environment in society, and everyone will benefit.
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Then you can accept that the company will transfer you to such a type of work, which may be more important to you, so it will choose you.
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At this time, Bi Shanju should resign, if there is such behavior, it means that the company has felt that you are not important, so this hand must leave at a time, otherwise it will cause great harm to yourself.
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The company has the right to let the employee transfer within a certain range, and the employee should also cooperate with the company's arrangement. Or choose to resign from your old friends.
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You should have a good talk with your employer. If you don't work as a dispatched worker, you can ask the employer to pay the corresponding compensation.
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Summary. Hello dear, there is no benefit, the company will transfer employees to labor employees and the company does not have any labor relations, the company can save a financial expenditure, the company uses you when you are an employee, you are not when you don't need to pay, so there is no need to pay wages, so the expenditure is less, the employee is not a regular employee, the benefits of the regular employee are not, so the employee gets less benefits, relatively speaking, only for the company, there is no benefit to the employee.
What are the benefits of the company's conversion of employees to labor dispatch employees?
Hello, dear friend, I have received your question, it is expected to take 3 minutes, please wait a while Oh no, no, please be patient! ❤
Hello dear, there is no benefit, the company will transfer employees to labor employees and the company does not have any labor relations, the company can save a financial expenditure, the company uses you when you are an employee, you are not when you don't need to pay, so there is no need to pay wages, so the expenditure is less, the employee is not a regular employee, the benefits of the regular employee are not, so the employee gets less benefits, relatively speaking, only for the company, there is no benefit to the employee.
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I am in a central enterprise, there are a lot of labor dispatch personnel, we usually verbally call it external personnel, many of these external personnel even than some formal employees in the company for a longer time, the position is higher, of course, this position is high is limited to the salary given to him for that position, by default he is that position, but it is not a position recognized by the company, so why hasn't it been regularized?
This involves the company's regular system, my company belongs to the company's secondary company, that is, xx company xx branch, our company will be based on the output value of the branch, the number of regular employees and some other assessments, for the secondary company to allocate the regular quota, so there is no regular quota every year, how many, these are not fixed.
So I think how to turn positive, first of all, you have to be a good person, of course, if you have a relationship, it will be much easier to turn positive in a state-owned enterprise, and then after ensuring that your company or department has a regular quota, actively strive for it, at this time how to actively strive for it depends on you, there is a small way to not know whether it is suitable for your company, that is, you have reached the conditions for regularization, but your company or department has no quota, you can first actively strive to borrow the excess quota of other companies or departments, first turn regular and then transfer back to the original company or department.
Summary: It's not easy, look at luck, my company has people who have not been regularized for ten years, but there are also people who have worked for less than two years because the important leaders of the work are afraid that he will leave, and the leaders personally find the company to borrow the quota for people to become regulars, so if you want to become positive, strength plus opportunities.
First of all, you have already misunderstood two concepts, don't stop others talking nonsense, labor dispatch and the so-called regularization of the two are not directly related, you want to enter the staff only to take the exam one way, after the test you entered, and labor dispatch is equivalent to you sign a general labor contract with the unit, and at the same time be dispatched by this unit to work in another unit, labor dispatch does not exist to turn into a regular, you sign a contract you are a regular employee, but not in the establishment.
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