What is the significance of the Labor Contract Law to include labor dispatch in the articles of asso

Labor dispatch is written into the articles of association by the Labor Contract Law, which indicates that this new type of employment model has been recognized by China's laws and has obtained a legal status, and at the same time, it has also opened up a good legal environment for the normal operation of the labor dispatch market.

At the same time, however, the operating costs of labor dispatch companies have increased: the Labor Contract Law has strict provisions on the qualifications of labor dispatch agencies, such as the registered capital shall not be less than 500,000 yuan, labor dispatch shall not be subcontracted, the employer must bear certain joint and several liability, and the dispatch company must sign a labor contract for no less than two years regardless of how long the employer has used the dispatchee......

The new law also puts forward higher requirements for employers, which means that it is necessary to be cautious when choosing a dispatch agency, otherwise it will not only fail to achieve the purpose of transferring labor risks, but will also be jointly and severally liable for it - correspondingly, the business scale and reputation of labor dispatch companies that have been hidden behind the scenes have also been pushed to the forefront. What's more, according to the provisions of the Labor Contract Law, labor dispatch companies have corresponding obligations to employees, and the legal risks are increased.

In addition, the new law stipulates that during the two-year employment contract with the employee, if the dispatcher's work is "discontinued", the dispatching agency is required to pay the salary according to the minimum wage. At this time, whether the dispatch agency has a huge network of resources and better realizes the "work every day" has become a difficult problem to test the operation ability of the labor dispatch company.

Facilitate the management and monitoring of various labor forces! Of course, there is money to collect! Increased management costs!!

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

1. Article 58 of the Labor Contract Law stipulates that a labor dispatch entity 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 information. The labor contract concluded between the labor dispatch unit and the dispatched worker shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) the duration of the dispatch;

5) The content of the work and the place of work;

6) Jobs;

7) Employing units;

8) Working hours, rest and vacation;

9) Labor remuneration;

10) Social insurance;

11) Labor protection, working conditions and protection against occupational hazards;

12) Other matters that shall be included in the labor contract as stipulated by laws and regulations. If the labor contract provided by the labor dispatch unit does not contain the above necessary clauses, the employee may file a complaint with the labor administrative department, which shall order it to make corrections; If damage is caused to the worker, the labor dispatch unit shall be liable for compensation.

2. Article 157 of the Civil Code.

Legal consequences of civil juristic acts being invalid, revoked, or determined to be ineffective] After a civil juristic act is invalid, revoked, or determined to be ineffective, the property acquired by the actor as a result of the act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.

2. What is the difference between labor dispatch and labor outsourcing?

1. The applicable laws are different. Labor dispatch shall be governed by the Labor Contract Law, and labor outsourcing shall be governed by the Contract Law.

2. The labor contractor may be an individual, a legal person or other entity.

3. The main body of responsibility for labor management is different.

4. Labor outsourcing is generally settled according to the predetermined labor unit price according to the workload completed by the labor contractor, and the subject matter of the contract is generally a thing.

5. The consequences of violating the law are different.

Legal Analysis: A labor dispatch unit dispatched 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 unit). 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.

Legal basis: Article 59 of the Labor Contract Law of the People's Republic of China A labor dispatch unit 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 unit"). 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.

Article 58 of the Labor Contract Law of the People's Republic of China stipulates that the labor contract concluded with the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also the employing unit of the dispatched worker in Chunyin Town, the dispatch period, the job position, etc. The labor dispatch unit shall enter into 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.

This provision contains four meanings: First, the labor contract for labor dispatch shall contain the necessary terms such as the employing unit, the dispatch period, and the position. Second, the term of the labor contract for labor dispatch must be a fixed term of more than two years.

Third, the wages of dispatched workers are paid on a monthly basis. Fourth, the dispatched worker shall pay remuneration to the dispatched worker according to the local minimum wage standard during the period when he or she is not working.

The labor dispatch agreement shall stipulate the following contents: (1) the name, domicile and legal representative or principal responsible person of the employer; 2) The worker's name, address, and resident ID card or other valid identification number; 3) The term of the labor contract; 4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (vii) Social insurance; 8) Labor protection, return to work and occupational hazard protection; (9) Other matters that shall be included in the labor contract as stipulated by laws and regulations. Article 58 of the Labor Contract Law of the People's Republic of China

A labor dispatch entity is an employer for the purposes of this Law and shall perform its obligations to its employees. In addition to omitting the matters provided for 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 information. The labor dispatch unit shall enter into 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 labor dispatch agreement shall stipulate the following contents: (1) the name, domicile and legal representative or principal responsible person of the employer; 2) The worker's name, address, and resident ID card or other valid identification number; 3) The term of the labor contract; 4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (vii) Social insurance; (8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

Legal basis

Article 58 of the Labor Contract Law of the People's Republic of China provides that a labor dispatch unit is an employer referred to in this Law, and shall fulfill the obligations of the employer to the employee. In addition to the matters provided for 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 enter into 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.