How does the dispatch company work?

Introduction: On September 8, 2008, the "Regulations on the Implementation of the Labor Contract Law" was promulgated, and the regulations will come into force as of the date of promulgation. The "Regulations" did not further clarify the restrictions and penalties on labor dispatch in the Labor Contract Law, and the labor dispatch enterprises gained a "breathing space" for adjustment. Before the introduction of more perfect and clear norms, only by self-purification and promotion can labor dispatch enterprises get opportunities for survival and development in the future. Starting from the operating characteristics of labor dispatch enterprises, this paper expounds the risks of labor dispatch enterprises in detail by using the method of risk analysis, and puts forward some suggestions on preventing and resolving the risks. With the further promotion of the Labor Contract Law, the service mode of labor dispatch has been recognized by more employers. A recent survey by Oriental Huibo shows that employers recognize the value of labor dispatch enterprises, and 53% of enterprises recognize the role of labor dispatch in quickly allocating talents and optimizing labor relations. Source of data: The practice of Oriental Huibo market research proves that the service mode of labor dispatch helps employers to avoid many risks with its unique advantages: (1) Labor dispatch enterprises are based on industry services, docking with talent supply institutions such as educational institutions and employment agencies in various regions, helping employers solve large-scale employment problems and reducing the cost of talent selection; (2) All and daily management services provided by labor dispatch enterprises to dispatched employees are an outsourcing of basic human resource management by employers, which reduces the management scope and difficulty of employers and helps to improve their human resource management efficiency; (3) In the daily management, the labor dispatch enterprise provides the whole process of solving various labor disputes for the employing unit and helps the employing enterprise to prevent and solve the labor dispute risks. From the perspective of risk, the value of labor dispatch service lies in transferring and bearing the risk of human resource management of employers. The risks here include not only the legal risks brought by the management of labor relations, but also the economic risks such as the use of talents and management costs. Therefore, the competitiveness of labor dispatch enterprises lies in their ability to resolve economic and legal risks. If the labor dispatch enterprises can't resolve the risks or their own level is not high, then the quality and value-added space of their labor dispatch services will be low, their own survival will be impacted, and the sustainable development of labor dispatch enterprises will become empty talk. Then, what risks does the labor dispatch service model bring to the labor dispatch enterprises? Compared with the general human resources service structure, what are the characteristics of the management risks of labor dispatch enterprises? How to prevent and solve these risks? I. Characteristics of business risks of labor dispatch enterprises Generally speaking, as an enterprise whose main products are personnel dispatch services and transactional management of human resources, the business management risks of labor dispatch enterprises are mainly economic risks and legal risks. These risks are closely related to the business operation and internal management of employers, dispatched employees and labor dispatch enterprises, and have the following characteristics: (1) The main customers of large labor dispatch enterprises are labor-intensive enterprises, and the demand for dispatched personnel is very great. The scale of dispatched personnel is an important standard to measure the profitability of labor dispatch enterprises, and the number of dispatched personnel determined according to the marginal curve is an important index to help dispatch enterprises improve their business ability. Therefore, labor dispatch enterprises all have scale preference, which leads to management risks of labor dispatch enterprises with corresponding scale characteristics. (2) Continuous labor dispatch service is a long-term binding service between dispatching enterprises, employers and dispatched employees. The Labor Contract Law requires dispatched enterprises to sign fixed-term contracts with dispatched employees for more than two years, which determines the length of the relationship between dispatched enterprises, corporate customers and dispatched employees. Strive to achieve a relatively stable and long-term cooperative relationship between dispatching companies and customers, and achieve a relatively stable dispatching position, thus ensuring the sustained growth of income of both parties; For the dispatched employees, for the two-year labor contract, the dispatching company should help the employees to solve the work of pre-job training, salary and welfare management, labor contract management, dispute negotiation, work injury and other emergencies. It can be seen that the labor dispatch enterprise is a bridge that continuously connects the employing unit and the dispatched employee, and the management risk of the labor dispatch enterprise is also continuously related to the employing unit and the dispatched employee. (3) Differences According to different industries, labor dispatch services present different demand characteristics. For example, for the commercial retail industry, there is an urgent need to quickly replenish personnel; For the electronic manufacturing industry, production management and technical ability are the key points. For these different customer needs, the services of labor dispatch enterprises also have different characteristics, and the risks involved in each business are also different. (IV) Policies and regulations Compliance with all laws and regulations, policies and regulations is the bottom line for the survival of labor dispatch enterprises. Especially in the current policy environment, the scope of application and main requirements of the labor contract law for labor dispatch enterprises are clearly stipulated, and labor dispatch enterprises should not only abide by the laws and regulations of general enterprises, but also abide by special legal norms. Moreover, as an imperfect economic subject in today's policy system, labor dispatch enterprises will be greatly influenced by policies in the future. From the business activities of labor dispatch enterprises, in order to ensure the legal compliance of dispatch services, the daily work of labor dispatch enterprises is mostly routine work such as signing labor contracts, formulating management systems, and managing labor relations files. It is these tedious tasks related to various labor laws and regulations that affect the legal compliance of labor dispatch enterprises, so the risks in daily operation of labor dispatch enterprises have obvious policies and regulations. The operating characteristics of labor dispatch enterprises determine that business process is the main habitat of risk and the key to ensure the legal compliance and healthy development of labor dispatch enterprises. We use business process analysis method to link, sort and chart the whole service process of labor dispatch enterprises, list the risks that may be faced in each link, and make a comprehensive analysis of the business risks of labor dispatch enterprises. Second, risk analysis and prevention in the business process of labor dispatch enterprises According to the process of labor dispatch service, we divide the business of labor dispatch enterprises into three parts: before signing the service agreement, during service implementation and after service termination. Generally speaking, the business risks of labor dispatch enterprises are always accompanied by labor dispatch services. Figure 1 Potential Risks of Labor Dispatch Service (I) Potential Risks and Preventive Measures before Signing Service Agreement 1. Potential risks At this time, the labor dispatch enterprise is still in the stage of preliminary consultation with the employing unit, and signing the dispatch service agreement after clarifying the customer's needs. The potential risks of dispatching services mainly come from: first, the enterprise's own financial anti-risk ability, the enterprise's legal consciousness and the enterprise's concept of employing people. Second, it comes from the matching of the dispatching enterprise's own service ability and enterprise demand. Third, it comes from whether the two sides can reach an understanding of the requirements of laws and regulations. In the agreement, the responsibilities, rights and obligations of both parties are clearly defined in the whole process of dispatching services. The risk of going concern caused by poor customer quality, the risk of legal disputes caused by imperfect agreement contents and responsibilities, etc. It can be said that the risk before signing the contract is the source of the management risk of the labor dispatch enterprise, and the prevention is also the leader of the risk management and control of the whole labor dispatch enterprise. 2. Precautions (1) Detailed customer demand analysis As a member of the service industry, the demand of the employer is the premise for the labor dispatch enterprise to carry out business activities, and the detailed analysis of the demand is the guarantee for ensuring the quality and economic effect of the dispatched service. Demand analysis refers to the detailed confirmation of the scope, characteristics, quantity and duration of the dispatching demand of the employer. Among them, due to the influence of business characteristics, the customer demand analysis of labor dispatch enterprises focuses on the legitimacy of demand. For example, the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law clearly stipulate that labor dispatch is generally in a temporary, auxiliary or alternative position. For other aspects of the labor dispatch demand of the employer, the dispatching enterprise needs to deeply analyze the legitimacy of this demand. (2) Comprehensive evaluation of customer qualification Labor dispatch enterprises also need to evaluate other economic characteristics of the employing units to determine the customer quality of the employing units, thus providing guarantee for the subsequent service implementation. The contents of general assessment mainly include: ① ability to pay. Labor dispatch services involve a large amount of funds. If there is no good ability to pay, the normal operation of labor dispatch service will be affected, the economic operation of labor dispatch enterprises will not be carried out, the interests of dispatched employees will not be protected, and legal risks such as labor disputes will continue to breed. ② Management characteristics. Every enterprise has its own management characteristics, whether it is a steady type that pays attention to legitimacy or a speculative type that prefers risks, an employee who advocates that internal employees are God, or a customer who pursues market recognition. The characteristic of enterprise operation management is the embodiment of the consistent behavior of enterprise internal management, which will inevitably affect its cooperation with labor dispatch enterprises in the process of labor dispatch service. From the perspective of risk prevention, those enterprises that never pay overtime pay to employees and have many controversial issues in labor relations management are very likely to have labor disputes in the future and breed illegal business practices. (III) Standardizing Dispatching Service Agreement The service agreement is the legal contract of labor dispatch service and the legal basis for defining the responsibilities and rights of labor dispatch. Article 59 of the Labor Contract Law clearly stipulates that the labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts the labor dispatch. 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. These agreements not only guide the actual implementation of dispatching services, but also provide a basis for solving detailed problems in the service process. In addition, both parties should also make an agreement on the termination conditions of the labor dispatch service, the solution and division of the remaining problems after termination, so as to avoid the risk of disputes among dispatched employees caused by the remaining problems after the termination of the labor dispatch service; Clarify the payment method of the payment, and provide a risk barrier for the fund operation management of the dispatched enterprise. (2) Service agreement execution risk 1. After the potential risk labor service agreement was signed, the labor dispatch service began to be implemented. The risks in this process mainly lie in the management of dispatched employees, internal implementation processes and financial management. (1) Dispatching employees to manage dispatching services is actually outsourcing some functions of human resource management of enterprise employees, so all relevant laws, regulations and management requirements involved in outsourcing functions are transferred to dispatching companies. It includes three parts: employee interview and recruitment, entry management, daily management and emergency management. There are potential legal risks and economic risks in all aspects of this part. On the one hand, labor dispatch enterprises should focus on preventing legal risks caused by irregular operation or mistakes of internal personnel, on the other hand, they should guard against passive illegal risks caused by employers' violation of process agreements. For example, the interview recruitment of employees includes the recruitment process, preliminary interview recommendation and candidate selection. The main risk is the economic cost risk caused by the efficiency loss caused by the mismatch between the basic quality and ability of employees and the needs of enterprises in the distribution process. On-the-job management includes a series of processes, such as pre-job training, confirmation of arrival time, materials required by employers, and signing labor contracts. The risk of this link mainly lies in whether the signing time of the labor contract is timely, whether the basic data collection of dispatched employees is comprehensive and true, and whether the notification of rules and regulations before employment is effective. Daily management becomes the key content of dispatch service after dispatched employees join the job. Daily management is the closest and most frequent link between dispatched enterprises and dispatched employees and employers, and legal risk is a prominent influence. The key point is to strictly abide by the process and the ability to deal with emergencies in the links with corporate customers such as employee attendance, salary payment, performance appraisal and disciplinary action. The destruction of the process often leads to the shirking of responsibility and the hidden dangers of controversy. (2) Internal execution process Because of the large-scale benefits of dispatching enterprises, it is decided that dispatching enterprises must establish an efficient internal operation process system to meet the needs of large-scale operation. The internal process design of labor dispatch enterprises is the key to determine the service efficiency, an important factor to determine the per capita labor-output ratio of labor dispatch enterprises, and the ability of industrial expansion and large-scale development of labor dispatch enterprises. Because the daily management of dispatching business needs to communicate with external government functional departments such as social security, labor bureau, file storage institution, and at the same time coordinate with customers, dispatched employees and upstream and downstream departments within the dispatching company, the complexity of management determines the difficulty of service process design. (3) Financial management According to the dispatch agreement, the wages, welfare, social security, provident fund and service fees of dispatched employees shall be paid by the employing unit. For dispatching enterprises that manage thousands or tens of thousands of employees, the safety, accuracy and timeliness of all funds may become risk factors in financial management. The first thing to guard against is the risk of fund advance. Therefore, the financial management of labor dispatch enterprises is risky in daily operation, and sufficient liquidity is the premise of safe and sustainable operation. 2. Preventive measures (1) Expand talent acquisition channels and improve recruitment allocation efficiency. As a talent service provider connecting dispatched employees and employers, the value of labor dispatch enterprises lies in the rapid and efficient deployment of personnel, which is one of the reasons why employers choose labor dispatch as the employment mode. If there is no smooth and stable source of professional talents, the dispatching needs of employers can not be met in time and effectively, the profit of dispatching services is unsustainable, and there is little room for value-added, so the economic risks of labor dispatching enterprises are lurking among them. (2) Improve the training system for dispatched employees. Pre-job training for dispatched employees is a link related to the economic risk of dispatched services. Targeted skills and vocational training can help employees to take up their posts quickly, meet the employment needs of employers quickly, and improve the quality of dispatching services. In addition, sending enterprises need to improve the cultivation of employees' sense of belonging and cultural identity, such as giving assistance and care to employees' daily life, holding birthday parties, helping solve housing and transportation problems, providing skills development training, and sending enterprises' cultural identity training. Establish a good relationship between dispatched enterprises and dispatched employees, dispatched employees and employers, create a harmonious working environment and atmosphere, and reduce hidden dangers of labor disputes. (3) Training professionals, optimizing internal process design and establishing an information platform. The key to solve the internal management process risk of labor dispatch enterprises lies in appointing employees with professional handling ability and perfecting the internal process design of labor dispatch enterprises. In the division of functions, labor dispatch enterprises analyze according to their own personnel institutions and customer industry types. For dispatching enterprises dispatched by multiple industries, the matrix structure of "industry+function" can be adopted to allocate departmental responsibilities and equip professionals to ensure the efficient connection of recruitment training, labor relations management and daily management of employees. At the same time, in modern enterprise management, the application of scientific information technology can improve the efficiency of enterprise systematic management, and the labor dispatch information platform is an essential tool for labor dispatch enterprises. (4) Steady fund operation management The financial management of labor dispatch enterprises should focus on fund management, establish a supervision and restraint mechanism, implement a financial budget control system, and gradually change financial management from the current passive coping and mechanical transfer to advanced control, so that all economic activities are carried out around the realization of financial goals. At the same time, the financial department should strengthen the ability to control the operation of funds, establish effective means of restriction, improve the strict internal responsibility system, refine the accounting objectives, recover the arrears in time, and ensure the stability of funds for enterprise operation. (V) Building an information communication mechanism Labor dispatch enterprises should build an information communication platform including dispatched employees, employers and labor dispatch enterprises, realize the mechanism of "supporting two companies with one hand", closely exchange information with employers, and immediately grasp the business changes and management changes of employers; At the same time, establish an interview mechanism with dispatched employees to solve small contradictions, collect evidence, solve problems and properly resolve contradictions in order to solve more complicated contradictions and disputes. (III) Risks after service termination The risks caused by service termination are mainly due to the transfer of employees' labor relations during the contract period or the economic compensation and legal liabilities during the termination of labor relations. At this time, it is very easy to cause group disputes or transfer corporate responsibility to dispatching companies because of improper operation. The source of risk control should be agreed in advance in the process of signing a service agreement with the enterprise, so I won't repeat it here. Three. Suggestions on the management of labor dispatch enterprises From the above analysis, it can be seen that the risk control of the management of labor dispatch enterprises should: (1) start from the source, focus on meeting customer needs, refine demand analysis, and purify customer quality; (2) Take process management as the main body, pay attention to details, and ensure the standardization and specialization of management processes. (3) Focus on labor contract management, pay attention to every link of contract signing, alteration, renewal, termination and dissolution, improve work details, and improve the acquisition and retention of evidence; (4) Focus on the management of dispatched employees, carry out vocational skills training and corporate culture training, improve the professional quality of dispatched employees, and build the professional ability of dispatched enterprises in the quality of employee allocation. (5) Take capital control as the guarantee, clarify the system and stabilize the internal capital operation; (six) supported by the information platform of labor dispatch business, improve the operating profit rate and promote the sustainable development of dispatch services. In short, labor dispatch enterprises should face up to the existence of risks, pay attention to prevention and avoidance in advance, emphasize tripartite communication and objective solution of problems, constantly review, refine and summarize, and constantly improve their ability to resolve risks. Business scope: labor dispatch, labor agency, employment introduction, vocational training, labor policy consultation, and payment of various social insurances.