The items and contents of labor dispatch services are different according to the regulations of each company, and there is no uniform standard in law. Article 57 of the Labor Contract Law shall meet the following conditions for the establishment and operation of labor dispatch business: (1) The registered capital shall be no less than RMB 2 million; (2) Having a fixed business place and facilities suitable for conducting business; (3) Having a labor dispatch management system that complies with the provisions of laws and administrative regulations; (4) Other conditions stipulated by laws and administrative regulations. Engaged in labor dispatch business, it shall apply to the labor administrative department for administrative license according to law; If it is approved, it shall go through the corresponding company registration according to law. Without permission, no unit or individual may engage in labor dispatch business. Article 58 Rights and obligations of labor dispatch units, employers and laborers The labor dispatch units referred to in this Law, collectively referred to as employers, shall fulfill the obligations of employers to laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also specify the employing unit, dispatch period and post of the dispatched worker. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years, and pay the labor remuneration monthly; During the period when the dispatched workers are not working, the labor dispatch unit shall pay the labor remuneration monthly according to the minimum wage standard stipulated by the local people's government. Article 59 Labor Dispatch Agreement A labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts labor dispatch (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement. The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements. Article 60 notification obligation of labor dispatch unit 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 workers according to the labor dispatch agreement. Labor dispatch units and employing units shall not charge the dispatched workers. Article 61 Remuneration and working conditions of workers dispatched across regions If a labor dispatch unit dispatches workers across regions, the remuneration and working conditions enjoyed by the dispatched workers shall be implemented according to the standards of the place where the employing unit is located. Article 62 Where an employer voluntarily employs workers, it shall fulfill the following obligations: (1) To implement the national labor standards and provide corresponding working conditions and labor protection; (2) Informing the dispatched workers of their job requirements and remuneration; (3) Pay overtime pay and performance bonus, and provide post-related benefits; (four) to provide necessary on-the-job training for the dispatched workers; (five) continuous employment, the implementation of normal wage adjustment mechanism. The employing unit shall not send dispatched workers to other employing units. Article 63 The dispatched workers shall receive equal pay for equal work, and the dispatched workers shall have the right to receive equal pay for equal work with the workers of the employing unit. The employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions in the unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located. If you want to protect your rights and interests through the law, I suggest you consult online and have a professional team of lawyers to answer your questions and protect your rights and interests in a timely and legal manner.
Legal objectivity:
The Labor Law defines the scope of labor dispatch posts: labor dispatch is generally implemented in temporary, auxiliary or alternative jobs. However, the "Labor Contract Law" does not list specific jobs that can be identified as temporary, auxiliary or alternative jobs, so this clause lacks maneuverability and also leaves room for employers to use. Practically speaking, you can try to use labor dispatch in the following positions: security, cleaning, greening and maintenance, administrative assistant, reception, telemarketing, customer service, salesman, operator, maintenance worker, host, emcee, etiquette lady, cameraman and other positions and personnel. Enterprises can choose to send new employees, extend the inspection period for new employees, and then sign labor contracts directly with new employees who meet the company's culture and development requirements, which is more flexible than signing labor contracts directly with them from the beginning, and the employer has greater autonomy. In addition, you can consider sending middle and high-level personnel with higher salaries, which can avoid higher dismissal costs. It is best not to use labor dispatch for jobs that need to be kept confidential, jobs that need to be funded for training, and jobs that have agreed service periods. Because the direct establishment with employees in these positions can strengthen the management and control of such employees, and also increase their sense of identity with the company, encourage them to serve the enterprise with peace of mind, reduce the risk of turnover caused by excessive staff turnover, and reduce training costs. According to Article 58 of the Labor Contract Law, the labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than 2 years. In other words, the labor dispatch unit can't agree with the laborer to conclude a labor contract with no fixed term and a labor contract with a certain task as the deadline, but should conclude a labor contract with a fixed term of more than 2 years. In addition, in order to maintain the employment stability of the dispatched workers, the Labor Contract Law also stipulates that the labor dispatch unit must also pay the workers monthly remuneration when the dispatched workers are not at work, that is, during the labor contract period, when the dispatch period expires and there are no new dispatched posts. This standard is the minimum wage standard stipulated by the local people's government of the labor dispatch unit. In this way, the labor contract period of workers with short labor dispatch period is extended, and the behavior of the employer and the labor dispatch unit colluding to avoid the dissolution of the labor contract that should meet the legal situation is prevented.