What is labor dispatch and what are the benefits for dispatch workers?

Labor dispatch, also known as talent dispatch, talent leasing, labor dispatch and labor leasing, refers to the labor contract signed between the labor dispatch agency and the dispatched worker, and the labor service is paid to the dispatched worker by the dispatching enterprise (actual employing unit). For workers (dispatched employees), there are mainly the following benefits: 1. Better safeguard the legitimate rights and interests of workersThe personnel relationship of dispatched personnel belongs to the dispatch agency, and the dispatch agency can urge the employer to standardize the employment system and ensure occupational safety, and put an end to the behavior of arrears of employees' wages and social comprehensive insurance.

If the lawful rights and interests of the dispatched employee are infringed or unfairly treated during the working period of the employer, the dispatching agency shall be responsible for safeguarding the legitimate rights and interests of the dispatched employee in accordance with the relevant laws, regulations or rules and regulations of the employing unit after verification. 2、"Years of service"After the expiration of the contract of dispatched personnel, if it is not renewed, its personnel relationship can be calculated by the labor dispatch agency**, and the premium can be paid continuously and continuously, that is, the "length of service" can be calculated continuously, and the labor dispatch agency continues to pay social insurance for the employee (the insurance premium is paid by the individual employee). 3. Provide abundant employment information resourcesLabor dispatch agencies have a large amount of employment information and a more flexible and broad employment space, which can provide more employment options for workers.

4. Broaden and deepen new employment channels for graduatesCollege and technical secondary school graduates, due to lack of work experience, is the main reason for the difficulty in finding a job, and the job is relatively unstable. By accumulating work experience and social experience through labor dispatch, you can lay the foundation for finding your dream job in the future. Beg.

The most direct benefit of labor dispatch to labor dispatch workers is that you are an employee of the dispatch company, not an employee of the employer, if the employer is not satisfied with you and fires you, the labor company will pay you at the local minimum wage standard on these days when you are not working. View the original post

Legal analysis: (1) It is beneficial to reduce the cost of employment.

2) Conducive to human resource management.

3) It is conducive to the implementation of incentive mechanisms.

4) It is conducive to the legal reduction of personnel.

5) It is conducive to the transfer of legal risks.

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

Article 58 A labor dispatch unit is an employer under this Law and shall perform its obligations to the workers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall, in addition to the matters stipulated in Article 17 of this Law, also specify the dispatched worker's employing unit, dispatch period, job position, etc.

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.

1) It is conducive to reducing the cost of employment. In a labor dispatch relationship, although the employer needs to pay a certain fee to the labor dispatch unit, at the same time, a large amount of work, including recruitment, training, and wage payment, can be entrusted to the labor dispatch unit. Moreover, due to the strong flexibility of labor dispatch, employers can better use labor according to the actual needs of the position, avoid wasting resources in this regard, and actually reduce costs.

2) Conducive to human resource management. The personnel files of these dispatched workers will be centrally managed by the labor dispatch unit, thereby reducing the effort invested by the human resources department of the employing unit in this regard. In addition, a series of procedures, including the payment of social insurance, will also be carried out by the labor dispatch unit, so that the human resources department of the employer can focus on other aspects, thereby improving the efficiency of human resource management.

3) It is conducive to the implementation of incentive mechanisms. If the labor dispatch method is used well, a good incentive mechanism can be formed within the employer. On the one hand, for the employees of the employer itself, the arrival of labor dispatch workers will form a certain competitive pressure on them, thereby promoting them to cherish their jobs more; On the other hand, for those dispatched workers with outstanding performance, the employer can also provide them with employment contracts in accordance with the law, so as to establish a more long-term and stable labor relationship.

4) It is conducive to the legal reduction of personnel. In the context of the implementation of the Labor Contract Law, if an employer needs to make a layoff decision due to production and operation, especially a large-scale layoff, it may need to go through more complicated procedures and pay higher compensation costs. In the process of using labor dispatch employees, if the employer does not need the other party to provide labor services, it can choose to return them to the labor dispatch unit, and the cost to be paid is relatively low.

5) It is conducive to the transfer of legal risks. Compared with employers, labor dispatch units usually have more experience in personnel management and are more familiar with labor laws and regulations. Therefore, in the event of a dispute with a dispatched employee in the future, the employer can obtain cooperation and assistance from the labor dispatch unit, and transfer part of the legal risks in accordance with the law, so as to better resolve the relevant labor dispute.

Labor dispatch has the following advantages: it can be used as a supplement to the employment form of the labor contract; It can reduce the cost of personnel management and the cost of recruitment; and improving labor productivity; Save on social insurance fees and taxes.

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 unit that accepts the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall specify the number of posts and personnel to be dispatched, the duration of the dispatch, the amount and method of payment of labor remuneration and social insurance premiums, and the liability for breach of the agreement. Article 66 of the Labor Contract Law of the People's Republic of China Labor contract employment is the basic form of employment in enterprises in China.

Labor dispatch is a supplementary form, and only shantytown sales can 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; Substitute jobs refer to positions in which employees of the employer are unable to work due to full-time study, vacation, etc., and can be replaced by other workers. 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.

Legal analysis: the advantages of labor dispatch are: it is conducive to the establishment of stable labor relations and enables workers to receive adequate social security; Labor dispatch units are legally bound to protect the rights and interests of workers.

According to the Labor Contract Law, a labor dispatch entity shall conclude a fixed-term employment contract with the dispatched worker for a period of more than two years.

Legal basis: Article 58 of the Labor Contract Law of the People's Republic of China A labor dispatch unit is an employer for the purposes of this Law and shall fulfill its obligations to its employees. 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.

The benefits of labor dispatch are as follows:

1. Reduce personnel management costs;

2. Flexible employment methods;

3. Reduce the cost of recruitment;

4. Improve labor productivity;

5. Avoid labor contract disputes;

6. It can save financial expenses such as relevant social insurance costs and taxes.

Labor dispatch refers to a new form of employment in which a labor dispatch entity establishes a labor relationship with a dispatched worker, dispatches the worker to the employing unit, and the dispatched worker engages in labor under the command and supervision of the employing unit. characteristics of labor dispatch; separation of employment and use of workers; There are three subjects in labor dispatch; There is a set of contracts in a labor dispatch relationship. One is the labor contract between the labor dispatch entity and the dispatched worker, and the other is the labor dispatch agreement between the labor dispatch entity and the employing entity.

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

Article 57: [Establishment of Labor Dispatch Units] The following conditions shall be met to operate labor dispatch business:

1) The registered capital shall not be less than RMB 2 million;

2) Have a fixed place of business and facilities suitable for carrying out business;

3) Have a labor dispatch management system that complies with the provisions of laws and administrative regulations;

4) Other conditions provided for by laws and administrative regulations.

To operate labor dispatch business, it shall apply for an administrative license from the labor administrative department in accordance with the law; If it is permitted, the corresponding company registration shall be handled in accordance with the law. Without permission, no unit or individual may operate labor dispatch business.