Four basic principles of service management of labor dispatch companies;
1, employee lease
The essence of labor dispatch is employee leasing, and the word "dispatch" is not suitable to explain the legal relationship and business characteristics of labor dispatch business activities. However, the word "lease" can summarize all the business characteristics of labor dispatch and reasonably interpret the complicated legal relationship among the three parties of labor dispatch.
Lease, like employment, is more suitable to explain the legal relationship between labor force and work unit.
Labor outsourcing cooperation characterized by production line contracting is not suitable for signing labor dispatch contracts because there is no lease relationship instead of labor dispatch.
2. Equal pay for equal work
The current legal system stipulates that labor dispatch units should implement the system of equal pay for equal work, but the person in charge of the relevant departments in Ministry of Human Resources and Social Security did say that although labor dispatch workers have the right to equal pay for equal work with workers in the employing units, equal pay for equal work does not include welfare and social insurance.
Equal pay for equal work can be simply understood as that employees in the same position and at the same level should implement the same wage standard. However, it is easy to be alienated as a countermeasure for employers to deal with equal pay for equal work.
3. Refuse to pay in advance
The current legal system makes it clear that in the tripartite legal relationship of labor dispatch, the employer should actually bear the wages and social security expenses of the dispatched employees. This is the legal basis of the principle that the labor dispatch company does not pay in advance, that is to say, the dispatch company does not pay the wages and social security expenses of the dispatched employees for the employer.
Once the dispatching company can't adhere to the principle and pay the above expenses for the employer, it means that its own business risk will increase greatly invisibly.
4. Ownership of interests
The Tort Liability Law stipulates: "If the dispatched workers cause damage to others due to the execution of their work tasks, the employer who accepts the labor dispatch shall bear the tort liability; If the labor dispatch unit is at fault, it shall bear corresponding supplementary responsibilities. "
"Whoever hires workers benefits" is common sense, and "whoever benefits bears the responsibility" is the basic principle of equality of interests and obligations.
If the dispatched employee has an industrial accident, the insufficient compensation for the industrial injury insurance benefits shall be borne by the real employment beneficiary, namely the employer.