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1. According to the "Measures for the Implementation of Administrative Licensing of Labor Dispatch", the operation of labor dispatch business shall apply for an administrative license to the local administrative department of human resources and social security with licensing jurisdiction in accordance with the law.
2. If the applicant applies for the operation of labor dispatch business, the applicant shall submit the following materials to the licensing authority:
1) Application for labor dispatch business license;
2) Business license or Notice of Pre-approval of Enterprise Name;
3) The articles of association of the company and the capital verification report or financial audit report issued by the capital verification agency;
4) Proof of use of the business premises and a list of office facilities and equipment, information management systems, etc., that are compatible with the conduct of business;
5) Proof of identity of the legal representative;
6) Labor dispatch management system, including labor contracts, labor remuneration, social insurance, working hours, rest and vacation, labor discipline and other rules and regulations related to the vital interests of workers; A sample of the labor dispatch agreement to be signed with the employer.
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1. In accordance with the provisions of the "Labor Dispatch Administrative Permit Implementation Office", you shall apply for administrative permission to the administrative department of human resources and social security of the authorized jurisdiction 2. The application for operating labor dispatch business shall submit the following materials to the licensing authority: (Application for Labor Dispatch Business Permit; 2) Business license or Notice of Pre-approval of Enterprise Name; 3) The articles of association of the company and the capital verification agency shall have a capital verification report or financial audit report; (4) Proof of the use of business premises and a list of office facilities and equipment, information management systems, etc., that are compatible with the exhibition business; (5) Proof of the identity of the designated representative; (6) The labor dispatch management system includes the text of rules and regulations related to the vital interests of laborers, such as labor contracts, labor remuneration, social insurance, workplaces, rest and vacation, and labor discipline; It is proposed to sign a labor dispatch agreement with the employing unit.
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The labor dispatch certificate shall be handled at the Human Resources and Social Security Bureau, and the specific handling methods are as follows:
1. After the labor dispatch organization has the qualification of a legal person, it shall register with the city, district and county taxation departments;
2. The establishment of labor dispatch organizations shall be reviewed by the district and county labor bureaus and municipal enterprise departments according to the affiliation;
3. Apply to the Municipal Labor and Social Security Bureau;
4. The Municipal Labor and Social Security Bureau shall review the application within 20 days from the date of receipt of the application;
5. For those who meet the requirements, the "Qualification Certificate" will be issued.
Legal basisArticle 57 of the Labor Contract Law of the People's Republic of China.
Establishment of Labor Dispatch Units] The following conditions shall be met for the operation of 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 shall operate labor dispatch business.
What are the application materials for labor dispatch certificate?
1. Application for labor dispatch business license;
2. Business license or "Notice of Pre-approval of Qin Ping Enterprise Name";
3. The articles of association of the company and the capital verification report or financial audit report issued by the capital verification agency;
4. Proof of use of the exclusive business premises and a list of office facilities and equipment, information management systems, etc., which are suitable for carrying out business;
5. Proof of identity of the legal representative;
6. Labor dispatch management system, including labor contract, labor remuneration, social insurance, working hours, rest and vacation, labor discipline and other rules and regulations related to the vital interests of workers.
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The labor dispatch certificate shall be applied for in the local human resources and social security administrative department with licensing jurisdiction.
Labor dispatch, also known as manpower dispatch and talent leasing, is a form of employment in which a labor dispatch agency signs a labor contract with a dispatched worker, sends the worker to another employer, and then the employer pays a service fee to the dispatch agency, which was born in the United States in the 20th century. This form is mostly implemented in temporary, auxiliary or substitute jobs, which is conducive to reducing the recruitment cost and training cost of the employer.
Labor dispatch is mainly concentrated in public-owned enterprises and government institutions, and some central enterprises even have more than 2 3 employees who belong to labor dispatch. Employing units in some monopolistic industries have made extensive use of labor dispatch personnel, without increasing or reducing the number of regular employees, not only ensuring that regular employees, especially middle and senior managers, enjoy the highest possible wages, but also artificially circumventing the "red line" of total wage control, making the total wage control system virtually non-existent. Some units use a large number of dispatched personnel in their employment and pay their wages and remuneration in the form of "labor fees", which in disguise reduces the actual amount of wages paid by their own units, so that "labor fees" have become a "regulating valve" for some state-owned enterprises and institutions to evade the control of total wages.
Legal basis] Measures for the Implementation of Administrative Licensing of Labor Dispatch
Article 10 If the licensing authority decides to accept the application submitted by the applicant, it shall issue a "Decision to Accept"; Where a decision is made not to accept the application, a "Decision of Inadmissibility" shall be issued, explaining the reasons for the inadmissibility, and informing the applicant that he or she has the right to apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law. Article 13 If the applicant's application meets the statutory requirements, the licensing authority shall make a written decision to approve the administrative license in accordance with the law, and notify the applicant to receive the "Labor Dispatch Business License" within 5 working days from the date of the decision. If the applicant's application does not meet the statutory requirements, the licensing authority shall make a written decision not to grant the administrative license in accordance with the law, explain the reasons for not granting the administrative license, and inform the applicant that he has the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
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Summary. We are glad to answer that the following qualifications are required for a registered human resources and labor dispatch company: (1) there are places and facilities suitable for carrying out talent intermediary business; (2) There are more than 5 full-time staff with college degree or above and talent intermediary service qualification certificate; (3) Have a sound and feasible work charter and system; (4) Have the ability to bear civil liability independently; (5) Possess other conditions stipulated by relevant laws and regulations.
We are glad to answer that the following qualifications are required for a registered human resources and labor dispatch company: (1) there are places and facilities suitable for carrying out talent intermediary business; (2) There are more than 5 full-time staff with college degree or above and talent intermediary service qualification certificate; (3) Have a sound and feasible work charter and system; (4) Have the ability to bear civil liability independently; (5) Possess other conditions stipulated by relevant laws and regulations.
Human resources labor dispatch companies need a human resources service license, and the materials to be handled are as follows: (1) industrial and commercial business license; (2) ID card of the legal representative; (3) Floor plan of the business premises; (4) Real estate certificate, lease contract or lease agreement of the business premises; (5) Certificate of full-time practitioner; (6) Articles of Association; (7) The text of the human resources service license management system; (8) Other materials required by laws and regulations.
To open a human resources labor dispatch company, you need to apply for the "Labor Dispatch Business License", and the conditions required for the labor dispatch business license are: 1. The registered capital shall not be less than RMB 2 million; 2. Have a fixed business premises and facilities suitable for carrying out business; 3. Have a labor dispatch management system that complies with laws and administrative regulations; 4. Other conditions stipulated by laws and administrative regulations.
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The qualification of a human resources labor dispatch company mainly refers to the "Human Resources Labor Dispatch Business License" obtained by it, and having a "Business License" is also one of the necessary qualifications. Generally speaking, the qualification requirements of human resources labor dispatch companies include: 1. Have strong management capabilities
The company's management organization shall comply with the organizational form and management procedures stipulated by the state, and ensure that the management organization strictly implements the relevant national laws and regulations on labor management, safety and health, social insurance, labor protection, etc. 2. Have a good financial situation: the company is required to have sufficient liquidity to ensure timely payment of workers' wages, social insurance and other expenses.
3. Have sufficient technical ability: have professional human resources and technical personnel, who can provide effective services to ensure service quality. 4. Have a strong sense of social responsibility
The company must respect the legitimate rights and interests of workers, properly handle the relationship between workers and society, and respect the national and social public interests. In short, in order to obtain the qualification of a human resources labor dispatch company, it is necessary to meet the above qualification requirements to ensure that the qualification obtained by the company has legal effect and can better perform the company's functions.
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