Is it in accordance with the labor law to sign a sponsorship contract for a migrant worker?

Employees who go abroad should not sign contracts with unscrupulous intermediaries or individuals. The contract is an important basis for the formation of a civil legal relationship between the overseas laborer, the expatriate labor service company and the employer, and the overseas laborer should properly keep the contract text. In the event of a dispute, it will be an important legal basis for overseas workers to protect their legitimate rights and interests.

According to the relevant staff of the Municipal Bureau of Commerce, when citizens go abroad to work, they must sign contracts with foreign labor cooperative enterprises and foreign employers. The contract with the foreign labor cooperative enterprise is called the "service contract", and the contract with the foreign employer is called the "employment contract". In addition, the content of the Employment Contract should be basically the same as the content of the Labor Cooperation Contract signed between the foreign labor cooperation enterprise and the foreign employer.

The Labor Cooperation Contract shall include the following matters:

1.The work content, work location, working hours, and rest and vacation of the worker.

2.Duration of the contract.

3.Labor remuneration of labor personnel and the method of payment.

4.Payment of social insurance premiums for workers.

5.Working conditions, labor protection, vocational training and protection against occupational hazards for workers.

6.Welfare and living conditions of workers.

7.Procedures for labor personnel to stay abroad, work permits, etc.

8.Purchase of personal accident insurance for workers.

9.Economic compensation for the termination of the contract with the employee due to reasons attributable to the foreign employer.

10.In the event of an emergency, assistance and assistance to labor personnel.

11.Liability for breach of contract.

What do you want to do? If it's coolies, then you can go to a place like Israel and do it, you don't need any conditions. If you want to do high-tech, it's more difficult. Because both parties**approval is very strict, especially the other party**.

Summary. Kiss will be happy to answer your <>

The labor law does not explicitly state that a sponsor is required to go abroad. Generally speaking, if an individual goes abroad, he or she needs to provide the information of the guarantor to prove the purpose of his travel and financial situation. However, not all acts of going abroad require a guarantor, and a guarantor generally refers to a person who provides sponsorship or financial support when an individual applies to go abroad, which is similar to the labor law focusing on labor relations, labor remuneration, labor insurance, etc.

<> does the labor law have such a guarantor as a guarantor?

Kiss will be happy to answer your <>

The labor law does not explicitly state that a sponsor is required to go abroad. Generally speaking, if an individual travels out of Gaoming country, he or she needs to provide guarantor information to prove his or her travel purpose and financial situation. However, not all acts of going abroad require a guarantor, and a guarantor who goes abroad generally refers to a person who provides a guarantee or provides financial support when an individual applies to go abroad, which is a recollection and labor law focuses on labor relations, labor remuneration, labor insurance, etc.

<> does that mean that the guarantor contract signed by the labor dispatch company is invalid?

The contract signed between the labor dispatch company and the employee may contain a guarantor provision, but this rule is not legal and valid. According to the Guarantee Law of the People's Republic of China, the guarantor shall be the subject of the guarantee act, and the commitment made by the employer in the process of employing the employee does not belong to the scope of the guarantee act of the bureau. If the guarantor contract is linked to the employment contract and is related to the original work purpose, job responsibilities, remuneration, etc., it will be deemed valid.

However, if the guarantor contract is not directly related to the employment contract, or is only a measure taken by the employer to avoid legal risks, it will be deemed invalid. <>

Labor sponsorship abroad is legal.

1. What are the legal responsibilities of the guarantor of labor abroad?

The guarantor is going to work, will not violate the laws of the country, will not stay illegally, etc., if you violate these guarantors, you will be responsible.

The general procedure for applying for a passport to study abroad is:

1) Bring your ID card or household registration booklet to the police station where your household registration is located or the exit and entry administration department of the public security sub-county bureau to obtain the "Application Approval Form for Chinese Bibi Citizens to Go Abroad (Territory) for Private Purposes";

2) Fill in the application form;

3) Submit the application, and the following materials must be brought when submitting the application: the original ID card or household registration booklet, the first page of the household registration book, the personal information page, the change page and the copy of the ID card;

4) When the application is accepted by the Exit and Entry Administration Department, the time for approval, production and issuance of the passport is 14 working days. When collecting the passport, you must bring your ID card or household registration booklet, the receipt of the passport and the production cost of 200 yuan.

Second, the demand for labor services.

The main types of labor required in the overseas labor market are:

1) Labor-intensive: that is, general labor based on manual labor, such as construction workers, oil workers, mining workers, agricultural workers, garden workers, cleaning workers and other labor services that mainly consume physical strength;

2) Technology-intensive: that is, labor based on technical skills, such as planning and design personnel, equipment installation personnel, senior chefs, engineering and technical personnel, horticultural technicians and other labors based on their own technology;

3) Knowledge-intensive: that is, labor based on professional knowledge, such as labor services based on mental power consumption such as experts and professors, senior managers, and senior researchers.

Legal Analysis: Guarantee that you are going to work, will not violate the laws of this country, will not stay illegally, etc., if you violate these guarantors will be responsible.

Legal basis: Law of the People's Republic of China on the Administration of Exit and Entry Article 9 Chinese citizens entering or leaving the country shall apply for passports or other travel documents in accordance with the law.

Chinese citizens traveling to other countries or regions also need to obtain a visa or other entry permit certificate from the country to which they are traveling. However, unless China has signed a mutual visa exemption agreement with other countries, or the Ministry of Public Security has otherwise stipulated.

Chinese citizens who accompany those who leave the country as seafarers and who enter the country and work on foreign ships shall apply for a seafarer's certificate in accordance with the law.

With the development of society, more and more people choose to work abroad, and many people choose to work abroad. So, do I need a guarantor to work abroad? Next, I have compiled some knowledge about whether you need a guarantor to work abroad, welcome to read!

OneDo I need a guarantor to work abroad?

A guarantor is required to work abroad.

The guarantor has the qualifications prescribed by law, i.e. meets the required conditions:

1) Not involved in the case (loan);

2) enjoy political rights and have not had their personal liberty restricted;

3) Have a permanent residence and a fixed residence in the local area;

4) Ability to perform guarantee obligations.

e) There is no obvious record of non-compliance.

IIWhat is a guarantor comma

The third party and the creditor agree that when the debtor fails to perform the debt, the guarantor shall perform the debt or assume responsibility in accordance with the agreement, and the third party here is the guarantor, including the legal person, other organization or citizen who has the ability to repay the debt on behalf of the debtor.

IIIThe impact of the assumption of debt on the guarantor's guarantee liability

Based on the above analysis of debt assumption, if the debt in the debt assumption is guaranteed by a third party, the debt assumption will undoubtedly affect the guarantor. With regard to the impact of debt assumption on the guarantor's guarantee liability in rem, this article stipulates that: "If a third party provides a guarantee and the creditor allows the debtor to transfer all or part of the debt without its written consent, the guarantor shall no longer bear the corresponding guarantee liability."

Judging from the classification of debt assumptions and the provisions of this article, the debt assumption method referred to in this article is exempt from liability. The reason is that, if the debts are concurrently assumed, for the third party providing the guarantee, there is actually one more debtor who can repay the creditor, and the possibility of the guarantor assuming the debt repayment liability is reduced, and the guarantor does not need to impose whether or not to agree to the assumption of such debts. Only when the debt is assumed in the form of exempt debt, the guarantor needs to intervene in the debt assumption out of doubt about the solvency of the new debtor and in order to avoid potential adverse effects, and no longer bear the corresponding guarantee liability without its consent, only in this way is it fair to the guarantor.

Therefore, the forms of assumption of debts referred to in this article are the assumption of exempt debts for all debts and the assumption of exempt debts for part of debts.

The above is the relevant answer to you about whether you need a guarantor to work abroad, to sum up, generally speaking, working abroad is relatively strict, and you need to have a guarantor. If you have any other legal questions that you need to consult, you can contact the professional lawyers on our platform to provide you with high-quality legal services.

The guarantor has the qualifications stipulated in the law, i.e. meets the required conditions:

1) Not involved in the case (loan);

2) enjoy political rights and have not had their personal liberty restricted;

3) Have a permanent residence and a fixed residence in the local area;

4) Have the ability to perform the guarantee obligation in the future;

e) There is no obvious record of non-compliance.

1. What procedures are required for labor abroad?

To go abroad for labor, first of all, we must obtain information on all kinds of recruitment of overseas workers from television, radio, newspapers, the Internet, etc., and we are also accustomed to obtaining information from the operating company. Select an expatriate company. Registration, physical examination, training, payment of performance bond and service fee.

Go through the formalities of leaving the country, collect your passport and wait for the notice of the expatriate company.

2. How much does it cost to go abroad for labor.

First of all, developed countries, generally speaking, the developed countries that can be handled by various labor service companies include the United States, Canada, Australia, Romania, New Zealand, Sweden, Greece and other countries. These countries are known for their good benefits and high wages. Therefore, the processing fee is relatively high.

Generally speaking, the total cost is more than 40,000 yuan, and among these countries, the cost of the United States and Canada will be higher than that of other countries, and the total cost is generally more than 100,000 yuan. Therefore, many labor service companies pay in two parts, domestic and foreign, for example, the domestic payment is 30,000 50,000, and the remaining expenses are deducted from the foreign salary (which can be deducted on a monthly or annual basis).

This is followed by developing countries, such as Singapore, Japan, South Korea and other countries. The welfare benefits of these countries are not as good as those of developed countries, but because they are better developed than at home, the welfare benefits are also very good relative to the domestic ones. The income benefits of these countries are basically 610,000 (more than 10,000 is relatively rare).

The processing fee is in the form of 150,000 (there are more than 50,000).

Finally, there are African countries, such as Angola, Algeria, Saudi Arabia, etc. These countries are characterized by a poor working environment, such as Angola, which has a relatively hot climate that can reach 40 degrees. Since the development of these countries is not as good as that of the country, the social order is not very good, and the laws and regulations are relatively not very sound.

However, the fees in these countries are relatively low, generally about 10,000 yuan can be handled, and the income treatment is also 610,000 yuan.