What is the difference between labor assignment and labor relations Legal issues

Labor dispatch means that a labor dispatch entity enters into a labor contract with a dispatched worker, but the labor dispatch unit does not employ workers, but dispatches the workers to the units that actually need to employ workers, and there is a labor dispatch agreement between the labor dispatch unit and the relevant employer (the agreement is not directly signed between the employer and the employee). Wages, guarantees, and benefits are all paid by labor dispatch units.

Labor relationship means that the employer and the employee enter into a contract, the employee is directly managed by the employer, and works in the employer with labor relationship, the salary is paid by the employer, and the benefits and guarantees are directly linked to the employer.

Therefore, in practice, the risk of workers under the labor dispatch relationship is very large. The risk lies in the fact that it is difficult to ensure that the worker and the employer receive equal pay for equal work, because the wages are paid by the labor dispatch unit.

The differences between the two are:

Differences in personnel relations - In labor dispatch, it is the labor dispatch unit that signs the contract and pays the salary, but it does not employ the employee, and the employer does not have any contract or agreement with the employee, nor does it need to pay the employee.

In the labor relationship, the employer recruits the employee, signs the contract, pays the salary, and appoints the labor.

However, if during the labor dispatch period, the dispatched worker causes damage to others due to the performance of work, the employer is responsible, and the labor dispatch entity is at fault before it bears supplementary liability. If the labor dispatch unit violates the law and causes damage to the employee, the employer and the labor dispatch unit shall be jointly and severally liable for compensation.

In the labor relationship, the employer is directly responsible for all of this.

Labor dispatch is equivalent to a third-party intermediary, and the labor relationship is a direct relationship with you.

1. The dispatching unit and the employee sign a labor contract, pay labor remuneration, pay social insurance, handle the identification of work-related injuries and dissolve and terminate the labor relationship.

2. If the labor dispatch unit illegally causes damage to the worker, the labor dispatch unit and the employing unit shall be jointly and severally liable for compensation.

3. The labor dispatch unit shall conclude a fixed-term labor contract with the worker for 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 his labor remuneration on a monthly basis according to the minimum wage standard stipulated by the local people.

See for yourself, who is the contract signed with.