I just graduated, and as a result, the position given by the company is in the nature of labor dispa

The three natures of labor dispatch jobs are temporary, auxiliary and substitutionary.

Article 66 of the Labor Contract Law stipulates that labor contract employment is the basic form of employment for 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 its total number of employees, and the specific proportion shall be prescribed by the labor administrative department.

Extended Information: Knowledge of Labor Dispatch Rights Protection:

1. Regulations on the establishment of labor dispatch companies.

Article 57 of the Labor Contract Law stipulates that a labor dispatch unit shall be established in accordance with the relevant provisions of the Company Law, and the registered capital shall not be less than two million yuan. The Company Law stipulates that the minimum amount of registered capital of a limited liability company is RMB 30,000, and if laws and administrative regulations have higher provisions on the minimum amount of registered capital, it is a special provision that the registered capital of a labor dispatch company shall not be less than RMB 200,000.

2. What are the terms and conditions of the labor contract concluded between the labor dispatch unit and the dispatched worker?

3. Special provisions on the term of the labor contract concluded between the labor dispatch unit and the dispatched worker.

In practice, employers use a large number of dispatched workers for the purpose of avoiding employment risks, and the form of labor dispatch employment has developed rapidly. In order to evade the employer's responsibility, some labor dispatch units do not stipulate a specific contract term with the employee in the labor contract, but instead use the contract term or employment time agreed in the labor dispatch agreement signed between the labor dispatch unit and the employer as the labor contract term.

4. The dispatched worker shall not have the obligation to pay the labor remuneration of the dispatching unit during the working period.

The Labor Contract Law stipulates that a labor dispatch entity shall enter into a fixed-term labor contract with the dispatched worker for a period of more than two years, but in practice, the labor dispatch agreement between the labor dispatch entity and the employing entity is usually only one year or even shorter, which leads to the dispatched worker becoming unemployed after the expiration of the dispatch agreement.

Can a dispatched worker sign a contract with the main business?

No, forget it!

If you can, you can consider it.

After all, labor dispatch is only to work for other companies, and it is not this company that signs the contract. There are differences in wages.

The wages and five social insurances and one housing fund of the labor dispatch workers are not paid and paid by the employer, and in essence, the labor dispatch workers do not belong to the employer, but to the labor dispatch company.

Labor dispatch can reduce the employment cost of enterprises, especially for state-owned enterprises and public institutions, the most direct is five insurances and one housing fund and various benefits. Although the Employment Contract Law stipulates that regular workers and dispatched workers are entitled to the same benefits as employers, in practice, very few enterprises do so.

State-owned enterprises and public institutions five social insurance and one housing fund for the full payment, assuming that all employees are regular workers, if all personnel pay the full amount of five social insurance and one housing fund, it is bound to greatly increase the pressure on the enterprise, if the number of five social insurance and one housing fund is small, it means that the number of employees is insufficient and the enterprise is difficult to develop. Why not direct social recruitment? Instead, a labor dispatch company is added to the enterprise and its employees, apparently to break through the number of restrictions, reduce the employment cost of the enterprise and avoid disputes.

Due to the limitation of the establishment of the urban management department, there will be a large number of labor dispatch personnel. These dispatched personnel often work on the front line, and most of the chengguan who catch hawkers are also such chengguan, and the chengguan personnel with the establishment finally take the test and go to the street to argue with the hawkers, and they may be punished if they are not careful, which is obviously not worth it, so most of the chengguan personnel with the establishment are not on the front line. Due to the content of the work, the probability of a vicious incident is not low, and let the dispatched personnel deal with the disputes with the hawkers, and if it is a mistake of the urban management party, the dispatched personnel will naturally be held responsible.

The urban management department and the labor dispatch company sign a dispatch agreement, and the dispatched personnel sign a contract with the labor service company, and there is only one relationship between the urban management department and the dispatched worker, which can avoid disputes between the unit and the dispatched employee on the one hand, and on the other hand, the responsibility is not easy to attribute to the employer in the event of a bad incident.

For example, enterprise A needs 1,000 basic employees for its own development, compared with enterprise A itself and employees to sign a contract, the use of labor dispatch personnel is more beneficial to the enterprise, can save a lot of money, through these savings can also improve the competitiveness of the enterprise, but the problem is that if there is no labor dispatch this way, these 1,000 positions will really promote employment.

The prevalence of labor dispatch is essentially the demographic dividend, due to the large number of labor dispatch personnel, enterprises do not worry that no one will make up for these labor dispatch personnel after they leave, and the oversupply can continue to limit the wage level of labor dispatch personnel, and then use the extra money to develop enterprises. Therefore, labor dispatch is only beneficial to enterprises, and is not friendly to promoting employment or labor dispatch personnel themselves.

Labor dispatch is a good thing for many units in the society, the first cost savings, because many grassroots work is not too demanding, almost anyone can do it, and often the simplest work is the most difficult to manage, so the use of labor dispatch is not called simple and direct, you can do it if you can't leave, because the employer and the worker do not have a formal labor contract, so the replacement is very simple, and there is no labor dispute and improve the labor execution. Second, cost saving, because the worker and the employer do not have a labor contract, so they do not enjoy the benefits of the employer, and the third is to reduce work contradictions, and the conflicts between employees do not need to be adjusted by the employer, and are directly handled by the labor service company itself, and the employer can also put forward suggestions in its own favor. But there are pros and cons.

The most important thing is two points, the first labor company must also have income, so their income is mainly on the laborers, which reduces the income of the laborers. In this way, workers lose most of their upside. The second is the issue of responsibility.

Many workers do not do their best at work, because there is no labor contract, so they only fulfill part of their obligations, so they will not fight for the interests and honor of the employer. So you can't expect them to work overtime for free, or whatever.

The employment system and labor dispatch are the same for individuals, and the employment costs of the unit are similar, and even the employer has to pay an additional amount of money to the labor company. There are a couple of questions here:

First, the recruitment of units requires open and transparent procedures, and the use of labor dispatch saves this hurdle, and there is a problem of opaque employment;

Second, the employer pays the management fee to the labor service company by hiring personnel from the labor service company, which is a subordinate unit of the Human Resources and Social Security Bureau, and is suspected of transferring benefits;

Third, the employer recruits or adopts labor dispatch by itself, and the same group of people is labor dispatch when they enter the unit, and after a period of time, they will all switch to the recruitment system.

Because engaging in labor dispatch can avoid some risks. Of course, it is okay for employers to recruit directly from the public, but there is a lot of risk.

Labor dispatch came from **, and it is very likely that it was imported from the West! I had never heard of it before 2000! The boss or the top leader thinks that he doesn't need to recruit himself, and if something happens, he can shirk the responsibility to a third-party outsourcing company, and he is not an employee of his own company anyway!

Contracting out positions that are considered unimportant, third-party outsourcing companies are often small companies, and light assets will collapse, even if the employee is injured or dies and cannot afford to go bankrupt and register a company to continue to work, the boss is likely to be the same person. Collect capitation fees and management fees on a monthly basis, only recruit people, and the outsourcing company is not responsible, and the management of the contractor is not tired, who will not believe it! It is the rights and interests of ordinary migrant workers who are harmed, who is fat? !

An outsourcing company is actually a recruiting company plus a relational account.

You can use it however you want, anyway, the so-called labor dispatch workers are temporary workers, they can't put forward any conditions, they unconditionally obey all kinds of unreasonable arrangements, they have no rights and benefits, and they have to look at their faces, and even deliberately curry favor with them, and they are inferior.

Because this kind of labor dispatch method can avoid many contradictions, they are more flexible when using people. If you recruit directly from the society, you may be given more benefits, and if you don't want this group of people, you have to pay some money.

Because this way can the company recruit a lot of people, and it is also a very good position for the company. It is possible to recruit directly from the society, but this is particularly cumbersome. And it's also very labor-intensive.

First, there is no need to take the risk of accidents, second, the labor company is sucking the wages of laborers every month, and third, some companies will get occupational diseases for a long time, so they can find excuses to fire and replace people, and they don't need to give economic subsidies, so these two departments make a lot of money, and they are embarrassed.

The company wants to engage in a labor dispatch, but does not directly recruit from the society, because the labor dispatch employees do not have a formal job establishment, and cattle enterprises appear in some large enterprises, state-owned enterprises, and central enterprises. These dispatched employees are notRegular employeesIf you want to dismiss, you can dismiss at any time, there are not so many rules and regulations, and the salary is also situational. <>

Labor dispatch and regular employees receive equal pay for equal work.

But note that it's just equal pay for equal work, that is, the same pay for doing the same work, but the other aspects of the guarantee are not the same, because in the state-owned enterprises, ordinary labor dispatch, free labor dispatch belongs to the labor service company.

Wages are paid by the company that uses the labor dispatch employee to the company to which the labor dispatch belongs.

The company then pays the salaries of these people. The resulting labor dispute has nothing to do with the company that uses labor dispatch. <>

In addition, in state-owned enterprises and central enterprises, he pays great attention to the stability of the establishment, and the meaning of a regular employee is that he is a formal direct line in this enterprise.

For example, the leader of the company's branch feels that this person does not meet the needs of our work here, and can be transferred back to the headquarters and transferred to other branches. However, the person in the branch, including the manager of the branch, does not have the right to issue a regular employee with a formal establishment, but he can call back a labor dispatch. <>

The social security paid by the labor dispatch itself will also be relatively low, and most of the money will be paid in the form of labor fees, and the company's social security is paid according to the lowest proportion, that is, the money in hand will be more, and most of the labor dispatch are college graduates.

Or family members. Because the current requirement in state-owned enterprises is regular employees, at least if you start a junior college, you can basically only go through labor dispatchIf you want to become a full-time employee, you can, but there is no particularly hard relationship, and it is not so easy.

Employers cannot directly recruit from the public, because labor dispatch can help employers save a lot of unnecessary trouble, and employers do not have to pay a lot of manpower and financial resources for recruitment.

Employers can directly recruit from the society, but their company's affairs are complicated, and they also need to deal with a lot of things every day, so they don't have much time to recruit directly.

Employers can also recruit directly from the society, but this will be more troublesome, and it is not as convenient as labor dispatch.

It is also possible for the employer to directly engage in employment, but this is more troublesome and is not as convenient as labor dispatch.

Employers may or may be able to hire directly from the society, but the company's affairs are complex and they have to deal with a lot of things every day, so there is not much time to recruit directly.

First, flexible employment.

The essence of labor dispatch is to meet the flexible employment needs of enterprises, and now the labor cost is getting higher and higher, but for many enterprises, in order to meet the demand, enterprises have increased the flexible employment method of labor dispatch in addition to the fixed employment method. Flexible employment is a supplement to fixed employment, and it is also a trend of enterprise employment in an uncertain economic environment.

Second, personnel reserves.

In the past, in order to face the increasingly rapid changes in the product market, enterprises often adopted personnel reserve measures, so there was always a part of the surplus personnel in the enterprise. Since the establishment of labor dispatch agencies, companies are increasingly meeting the demand for temporary labor caused by unforeseen production fluctuations. This can greatly reduce labor costs.

Third, employment risks.

Reducing or avoiding risks can help companies avoid unnecessary losses. Many sharing economy enterprises want to solve the employment risk problem of enterprises through labor dispatch. After all, the labor dispatch company is not an insurance company, but the labor dispatch company has rich experience in dealing with employment risks, and Xu Cheng can help customers reduce employment risks to the greatest extent through professional legal knowledge, strict legal texts, and legal employment methods.

Fourth, the risk of disputes.

If an employer uses a labor dispatch employee, since the relationship between the two parties is not an employment relationship, the dispute between the two parties is not a labor dispute, and if the employee files a labor arbitration complaint, the labor dispatch enterprise shall be the respondent, and the actual employer may only participate in the arbitration as a third party when necessary. As a result, the risk of labor disputes is reduced.