What kind of industries or companies use labor dispatch contracts?

1.If it is stipulated in the formal labor contract law:

Article 66 Labor dispatch is generally carried out in temporary, auxiliary or substitute positions.

Article 67 An employer shall not set up a labor dispatch unit to dispatch workers to its own unit or its subordinate units.

2.However, in reality, more than 70% of labor dispatch is not operated in accordance with the above two articles. Basically, there are some companies that only sign a dispatch contract except for management. There are even some dispatch companies that are just another company with a clever name.

3.Labor dispatch is the purpose of some companies to reduce the cost of becoming a regular employee and at the same time meet the employment needs.

4.This is a new form of employment that emerged in China after 2008, and in practice, it harms the interests of workers.

Banks, security, a lot, the advantage is that it is easy to manage, does not bear the cost of five insurances and one housing fund, labor dispatch, you can understand as an hourly worker.

An employment contract is a contract signed between an employer and an employee, stipulating that the employee will provide labor and the employer will pay remuneration to the employee. A labor dispatch contract is a contract signed between a labor dispatch entity and an actual employing entity, in which the labor dispatch entity dispatches specific workers to the employing entity.

Legal analysisThe labor contract is signed based on the establishment of the labor relationship between the two parties, while the labor dispatch contract is signed between two units on the dispatch of employees, and there is no labor relationship between the two parties, but a general contractual relationship. The two parties to the labor contract have a relationship of subordination and management in their identities, and the employer manages the employee, and the employee needs to obey the management. However, the relationship between the two parties to the labor dispatch contract is completely equal, and there is no such thing as who is subordinate to whom and who manages whom.

In an employment contract, the employee directly establishes an employment relationship with the employer. In a labor dispatch contract, there is no employment relationship between the actual employer and the employee, but the dispatching entity that dispatches the employee establishes an employment relationship with the employee. For employment contracts, the parties may enter into fixed-term and indefinite-term employment contracts, and the specific length of the fixed period is entirely agreed upon by the parties themselves.

In the case of labor dispatch, the labor relationship established between the dispatching unit and the worker shall not be less than two years.

Legal basisLabor Contract Law of the People's Republic of China Article 58 A labor dispatch unit is an employer referred to in this Law and shall perform 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 main difference lies in the subject of the labor relationship.

For example, if a unit is doing well, but its employee contracts are 1. and the unit directly signed a contract, 2. Sign a contract with a labor dispatch company.

First of all, the income will be different, and the income of employees will appear in two extremes, that is, employees who sign contracts directly with the unit will receive preferential treatment in all aspects, while the income of employees who sign contracts with labor dispatch depends on the overall efficiency of the labor dispatch company, and generally speaking, the income is lower.

Secondly, the handling of labor disputes is different, if a contract is signed with the unit, then under normal circumstances, his welfare and treatment and dispute resolution are guaranteed to a certain extent. However, if you sign a contract with a labor company, the employer can often easily infringe on the rights and interests, and it is difficult for employees to protect them.

This is the main difference between contract workers and labor workers, which is a common means for companies to circumvent the law and reduce costs.

Labor dispatch refers to the labor contract signed between the labor dispatch company and the employee, and then the worker is dispatched to work in the enterprise that needs the labor. The enterprise needs to pay a certain service fee to the labor dispatch company, and the labor contract relationship of the employee exists between the labor dispatch agency and the employee. Regular employees refer to employees who have signed a labor contract with the employing enterprise and have an employment relationship with the employing enterprise.

The differences between a dispatch worker and a regular employee are:

1. The units that sign the labor contract are different. A regular employee is a labor contract signed between the worker and the employer, and the employer pays social insurance, and the labor dispute is handled by both the worker and the employer. A dispatched worker is a worker who signs a contract with a labor dispatch company and is dispatched by the labor dispatch company to work in the employing unit, and a labor dispute arises that is handled by both the worker and the labor dispatch company.

2. The units that establish labor relations are different. Regular employees, workers and the employer of work to establish a labor relationship. Dispatch workers, workers who have established labor relations with labor dispatch companies, and have no labor relations with the employing unit.

According to Article 3 of the Interim Provisions on Labor Dispatch, an employer may only use dispatched workers in temporary, auxiliary or substitute positions. The temporary jobs provided for in the preceding paragraph refer to positions that last for no more than 6 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 employer's decision to use the auxiliary positions of the dispatched workers shall be discussed by the workers' congress or all employees, and the plan and opinions shall be put forward, and the decision shall be made through consultation with the trade union or employee representatives on an equal footing, and shall be publicized within the employing unit.

Contract workers and dispatched workers actually belong to different labor entities, and first of all, there are differences in the employment relationship between them. Labor dispatch workers are a form of employment that signs a contract with a labor service company, is managed by a labor service company, and is dispatched to work for an employer, and the labor relationship of labor dispatch workers belongs to the labor service company, including the payment of wages and the payment of social insurance, which are responsible for the labor service company.

There is also a big difference between contract workers and labor dispatch workers in terms of the nature of their work, and the labor dispatch workers are mainly assigned to a labor service company as a whole according to the nature of the work, and the personnel of the labor service company are responsible for it.

For example, some decoration companies, cleaning companies, etc., labor dispatch personnel are mainly engaged in some heavy work. Contract workers, on the other hand, are directly recruited by the unit, and the work of contract workers is different, some are engaged in technical work and some are engaged in management work.

There is also a certain difference between the use of labor dispatch personnel and contract workers, and the work performed by labor dispatch workers is generally single, and there are restrictions on the work they perform.

The employer has a good contract, and the employer directly signs the contract, and the salary and social security are directly paid by the company, and any problems can be solved directly through negotiation. The two parties to a labor dispatch contract are the labor dispatch unit and the employing unit. The main body of the labor contract is the employer and the employee.

The purpose of a labor dispatch contract is to provide labor services and the subject matter of the contract is the employer's domination over the employee's labor behavior, while the purpose of the labor contract is to make the employee an internal member of the employer.

Legal analysisLabor Law of the People's Republic of China

Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

In the labor dispatch relationship, the contract signed between you and the labor dispatch unit is an employment contract and is included in the management of the Labor Contract Law, which is required by law. In addition, if the employer signs a contract with you, it is not an employment contract, and the law does not stipulate that you must sign a contract. So these two contracts don't matter if they're good or bad. It's just that in the labor dispatch relationship, the former contract must be signed, and the latter is not required, of course, it is better to sign it.

Of course, it is a labor dispatch contract, he will be responsible for your later salary, labor disputes, etc., if the unit wants to fire you, he will also help you find another job, and he will not charge.

Legal Analysis] Labor dispatch companies and dispatched employees are required to sign labor contracts. According to the law, the labor dispatch unit shall conclude a fixed-term written labor contract with the dispatched worker for a period of more than 2 years in accordance with the law.

The labor dispatch company belongs to the employer, and the enterprise company is only the employing unit, so the labor dispatch company and the dispatched employee must sign a labor contract. According to the provisions of relevant laws, the branch does not have the legal personality of an enterprise, and its civil liability is borne by the company, but in judicial practice, the third party chooses to be borne by the branch or the company or the branch and the company together. Because a branch (unincorporated organization) has a certain amount of group property and constitutes a certain capacity for liability, but its property is not completely independent and its capacity for responsibility is incomplete, it is generally the parent legal person who bears supplementary liability.

Legal basis] Interim Provisions on Labor Dispatch Article 5 A labor dispatch unit shall conclude a fixed-term written labor contract with the dispatched worker for a period of more than 2 years in accordance with the law.

Legal analysis: 1. The differences are as follows: 1. The object of signing the contract is different

Contract workers are with employers, and dispatch workers are with third-party labor companies. 2. The benefits are different: contract workers are paid by the employer, and dispatched workers are paid by a third-party labor service company.

3. Personnel are different: contract workers are employers, and labor dispatch workers are third-party royal services. 4. Labor relations are different:

There is no statutory labor relationship between the labor dispatch worker and the employing entity, and there is an employment relationship between the labor dispatch worker and the labor dispatch agency. There is a legal employment relationship between the worker in the contract worker and the employer.

Legal basis: Article 66 of the Labor Contract Law of the People's Republic of China Labor contract employment is the basic form of employment of enterprises in China. Labor dispatch employment is a supplementary form and can only 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 the total number of veteran workers in its bureau, and the specific proportion shall be prescribed by the labor administrative department.

Dispatch is a labor contract. Labor dispatch refers to the labor contract signed between the labor dispatch agency and the dispatched labor, and the dispatched labor pays the labor service to the dispatching enterprise.

Article 8 of the Interim Provisions on Labor Dispatch shall perform the following obligations to the dispatched workers: (1) Truthfully inform the dispatched workers of the matters stipulated in Article 8 of the Labor Contract Law, the rules and regulations to be complied with, and the content of the labor dispatch agreement; (2) Establish a training system to educate and train dispatched workers on on-the-job knowledge and safety; (3) In accordance with national regulations and labor dispatch agreements, pay the labor remuneration and related benefits of dispatched workers in accordance with law; (4) In accordance with national regulations and labor dispatch agreements, pay social insurance premiums for dispatched workers in accordance with the law, and go through social insurance related formalities; (5) Supervise and urge the employing unit to provide labor protection and labor safety and health conditions for the dispatched workers in accordance with the law; (6) Issuing a certificate of dissolution or termination of the labor contract in accordance with law; (7) Assist in handling disputes between dispatched workers and employers; (8) Other matters provided for by laws, regulations, and rules.

What kind of contract do labor dispatch companies have to sign with dispatched employees? Labor dispatch companies and dispatched employees are required to sign labor contracts. According to Article 2 of the Interim Provisions on Labor Dispatch, these Provisions shall apply to the use of dispatched workers by labor dispatch entities and the use of dispatched workers by enterprises (hereinafter referred to as "employers").

The use of dispatched workers by lawfully established accounting firms, law firms and other partnership organizations, as well as private non-enterprise units and other organizations, shall be implemented in accordance with these Provisions. Article 5 The labor dispatch unit shall conclude a fixed-term written labor contract with the dispatched worker for a period of more than 2 years in accordance with the law. Article 6 The labor dispatch unit may agree on a probationary period with the dispatched worker in accordance with the law.

A labor dispatch entity and the same dispatched worker can only agree on a probationary period once. This is the relevant law about the question you asked about the Liang Hall.