Engineering Outsourcing Agreement... What is an outsourcing contract

It's an intermediary contract, it's all over the Internet, just search for one and change it to the name of both of you.

You can find an intermediary agreement.

Legal Analysis: In fact, it refers to labor dispatch workers, and the workers sign labor contracts with labor dispatch companies. As the actual employing unit, the company signs a labor dispatch contract with the labor dispatch company, stipulates the rights and obligations of both parties, and does not directly sign labor contracts with workers, so as to avoid the obligations of the employer in accordance with the law, such as "five insurances and one housing fund", compensation for economic compensation, and work-related injury benefits.

Legal basis: Labor Contract Law of the People's Republic of China

Article 57 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 500,000 yuan.

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. 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.

Article 59 A labor dispatch entity 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 entity"). 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 60 The labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement.

The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement.

Labor dispatch units and employing units shall not collect fees from dispatched workers.

Article 61 Where a labor dispatch unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be implemented in accordance with the standards of the place where the employing unit is located.

Labor outsourcing is a contract.

Outsourcing refers to the contractor whose specific project or production and operation project is contracted by the employer, and the contractor recruits workers to complete the contracted project. The contractor obtains the project and contract fees from the employer, earns profits and pays labor remuneration to the workers.

1. Benefits of labor outsourcing.

1. Standardize management and improve employment safety. On the one hand, the contractor is responsible for the affairs related to the trustees, and provides them with advice on labor to help protect their legitimate rights and interests. On the other hand, the contractor can effectively avoid employment risks by providing enterprises with relevant policy consultation and giving reasonable suggestions.

2. Low cost and improve enterprise efficiency. Through outsourcing, it can save a lot of office costs, reduce the expenditure of software and hardware resources, eliminate a large number of mechanical and repetitive work in the personnel management process of enterprise managers, and enable managers to invest in other management activities that can effectively add value to the enterprise.

3. Comprehensive service to improve the enthusiasm of employees. The contractor handles all personnel procedures for the custodians, which eliminates the worries of the employees, makes them devote themselves to their work, enhances their sense of responsibility for the enterprise, and is more enthusiastic about work.

4. Reduce the risk of employment. Compared with labor dispatch, the employer (employer) does not have to bear joint and several liability.

2. The difference between labor outsourcing and labor dispatch.

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. Labor outsourcing can be an individual, a legal person or other entity; The labor dispatch entity must be a legal entity established in strict accordance with the provisions of the Labor Contract Law.

3. The main body of responsibility for labor management is different. This is the main difference between the two.

The contracting enterprise does not directly manage the employees of the labor outsourcing unit, and its work form and working hours are arranged and determined by the labor outsourcing unit. Employees of the labor dispatch unit must work in accordance with the work form and working hours determined by the employer.

4. Labor outsourcing is generally settled according to the predetermined labor unit price according to the workload completed by the labor outsourcing unit, and the subject matter of the contract is generally "matter"; Labor dispatch is generally based on the time and cost standards of dispatch, and the cost is settled according to the number of people dispatched as agreed, and the subject matter of the contract is generally "person". In other words, under labor outsourcing, the employer buys "labor services", while under labor dispatch, the employer buys "labor resources".

5. The consequences of violating the law are different.

The Civil Code shall apply to labor outsourcing, and the rights and obligations between the employer and the contractor shall be borne according to the contract between the two parties, and the employer shall not be liable for the employees of the contractor; In the course of labor dispatch, if damage is caused to the dispatched worker, the labor dispatch unit and the employing unit shall be jointly and severally liable for compensation in accordance with the Labor Contract Law.