The relationship between the labor dispatch company and the intermediary

1. If you confuse the legal relationship, if it is labor dispatch, then the dispatch company will be the employer itself, and it is definitely not an intermediary act that he sends you to the employer. In the intermediary relationship, the labor intermediary brokers the workers and the employer to sign a labor contract, and you are an employee of the employer, not an employee of the labor intermediary.

2. If the dispatch company really charges you for your service, it is absolutely illegal. Article 60 of the Labor Contract Law clearly stipulates that labor dispatch units and employers shall not collect fees from dispatched workers. Go to him and come back, and you will win!

It's not legal, they don't charge you any fees at first, they make a profit by deducting your salary, the company will send the money to the people of the labor dispatch company, and then the people of the labor dispatch company will deduct from your salary, which is much more ruthless than the intermediary, at least 400 a month will be deducted from you, and sometimes they will cheat you of the medical examination fee, in fact, there is no physical examination at all, the founder is **, everyone should be careful.

Article 60 of the Labor Contract Law clearly stipulates that labor dispatch units and employers shall not collect fees from dispatched workers.

In addition, a labor dispatch company is not an intermediary company, but an employer that has an employment contract relationship with the employee.

1. Whether it is necessary to conclude a labor contract is different:

This is the fundamental difference between labor dispatch and labor intermediary, and the labor dispatch company must sign a labor contract with the dispatched personnel to establish a labor relationship; Labor intermediaries are not required to sign labor contracts with employees, so there is no employment relationship.

2. The actual service content is different

Labor dispatch companies: A series of procedures will be handled from the right job position to the initial negotiation and interview, from the employee's entry to the employee's resignation and the payment of wages. And there is a formal contract in force.

Agent: In fact, it is responsible for providing information to job seekers and allowing job seekers to go to the employing company for an interview, and usually the labor agency will charge the relevant fees to the worker and the enterprise first. Regardless of whether the job seeker succeeds or not, the money is not refunded, and the whole process is not bound by the law, which is risky to a certain extent.

3. Different ways to make profits:

The profit method of the labor dispatch company is to collect management fees from the employing enterprise as a profit method.

Labor intermediary mainly provides labor information services to enterprises and workers, and collects a certain amount of labor intermediary fees from both parties or unilateral parties.

4. The position is different

In a labor dispatch contract, the labor dispatch company is the party that signs the labor contract, and must sign the labor contract with the employee, that is, the dispatched party.

Labor intermediaries have a temporary intermediary economic relationship with job seekers and talent seekers, and the intermediary has no relationship with job seekers, and only entrusts recruitment with the employing enterprise.

In life, we often hear friends mention that they are cheated of money by intermediaries, which is often the case of small companies without qualifications that take advantage of the kindness and ignorance of some people. I would like to remind all friends: when choosing a labor dispatch company, you must choose a formal and qualified organization, and be vigilant to avoid being deceived.

What is the difference between labor dispatch and labor intermediary?

1. The fundamental difference between a labor dispatch unit and a labor intermediary agency is that a labor relationship is formed between the labor dispatch unit and the worker, while the labor intermediary agency mainly provides labor information services to the employer and the worker, and charges a certain amount of intermediary fees for the sale of labor services; Clause.

2. In practice, when determining labor dispatch and labor intermediary agencies, if the employee has signed a labor contract with the employer, the nature of the relationship between the two parties can generally be determined through the content of the labor contract; Clause.

3. The profit methods of labor bank dispatch and labor intermediary are different. Labor dispatch is a way to collect management fees from enterprises that use dispatched employees as a way to make profits; Labor intermediary organizations mainly provide labor information services to enterprises and workers, and charge a certain amount of labor intermediary fees to both parties or unilaterally; Clause.

4. The legal relationship between labor dispatch and labor intermediary is different from the applicable law. Labor intermediary involves only the legal relationship between the enterprise and the worker; Labor dispatch involves the legal relationship between the labor dispatch one-edged rock position, the actual employer and the employee.

Article 58 of the Labor Contract Law stipulates that the labor dispatch unit, the employing unit and the employee shall perform the obligations of the employer to the employee as the term "employer" for the purposes of this Law. 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.

Clause. 1. The object of signing the labor contract is different: Labor dispatch is the employee signs the labor contract with the labor dispatch company, while in the case of the intermediary, the intermediary only introduces the job to the job seeker, and then the job seeker goes to the enterprise for an interview, and the enterprise signs a labor contract with the job seeker if the interview is passed.

Labor intermediaries are not required to sign labor contracts with employees, so there is no employment relationship.

Clause. 2. The services provided by the two are different: Labor dispatch:

From the right job position to the initial negotiation and interview, from the employee to the employee resignation and the payment of wages, a series of formalities will be taken care of. In addition, the labor dispatch company has a formal contract with the employee. The intermediary is responsible for providing information to the worker and allowing the worker to go to the interview, and usually the labor agency will charge the relevant fee to the worker and the enterprise first.

However, the work provided to the worker is not necessarily satisfactory to the worker and in fact the whole process is not subject to the law, which is risky.

Clause. 3. The two profit methods are different: The labor dispatch company collects management fees from the employing enterprise as a profit method, and any expenses for different employees.

The intermediary company mainly provides labor information services to enterprises and workers, and charges a certain intermediary fee to both parties or the single party. Clause.

4. The applicable laws of the two are different: The labor dispatch company must sign a labor contract with the dispatched personnel to establish a labor relationship, and the relationship between the dispatch company and the labor personnel is that of an enterprise and an employee, and the adjustment of their mutual relationship shall be governed by the Labor Contract Law. However, the intermediary only involves the legal relationship between the enterprise and the employee, and the labor intermediary does not need to sign a labor contract with the employee, so there is no labor relationship.

Labor dispatch is not an intermediary. Labor dispatch means that the dispatching unit and the employing unit sign a labor dispatch agreement to determine the rights and obligations of both parties, and the dispatching unit dispatches workers to provide labor services to the employing unit. On the other hand, the intermediary company provides the corresponding conditions for the employer to sign the labor contract with the employee, facilitates the signing of the labor contract, and thus collects the intermediary fee.

In labor dispatch, the worker signs a labor contract with the dispatch unit, but provides labor services at the employer. The worker in the intermediary directly signs the labor contract with the employer. Legal basis: Article 59 of the Labor Contract Law.

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.