service outsourcing
Generally, the employer contracts part of the business or work to the relevant outsourcing unit, and the outsourcing unit arranges the workers to complete the corresponding business or work according to the requirements of the employer, forming a tripartite relationship among the employer, the outsourcing unit and the workers.
The characteristic of labor outsourcing is to complete the "labor contract" in the name of "entrustment contract". The employer does not have to bear the responsibility of employment, but the outsourcing unit bears the responsibility of employment management.
Therefore, the identification of labor outsourcing relationship should mainly grasp the following points:
First, there is an entrustment contract between the employer and the outsourcing unit;
Second, the outsourcing unit is responsible for the management of workers;
Third, the outsourcing unit pays the workers.
Schematic diagram of labor outsourcing
Reasons why labor outsourcing is welcomed by enterprises
1. Standardize management to improve labor safety. On the one hand, the contractor is responsible for the trustee's related affairs, providing him with labor consultation and helping to safeguard his legitimate rights and interests from infringement. On the other hand, contractors can effectively avoid employment risks for enterprises by providing relevant policy advice and giving reasonable suggestions.
2, the cost is low, and the enterprise benefit is improved. Through outsourcing, it can save a lot of office expenses for enterprises, reduce the expenditure of software and hardware resources, avoid a lot of mechanical repetitive work of enterprise managers in the relevant personnel management process, and enable managers to devote themselves to other management activities that can effectively add value to enterprises.
3. Reduce the risk of employing people. Compared with labor dispatch, the employing unit (employer) does not have to bear joint liability.
Some differences between labor dispatch and outsourcing
1. Different applicable laws: The Labor Contract Law is applicable to the handling of the tripartite relationship among the dispatching party, the employing party and the dispatching workers.
Labor outsourcing is a business service project, and the relationship between the employer and the contractor is governed by contract law.
2. Different management subjects: the employees in labor dispatch are directly managed by the employing unit, and the employees in labor subcontracting are directly managed by the contractor.
3. The nature is different: the labor dispatch company provides the dispatched workers, and the employees have the right to use and the ownership is separated. And labor outsourcing is to provide all services for a relatively independent project, in fact, it is labor contracting (to ensure public services rather than materials).
4. Enterprises have different needs: for labor dispatch, the employer needs "personnel", and the labor dispatch company provides the employer with an agreed number of "dispatched personnel", and the workload has nothing to do with the dispatching company.
As far as labor outsourcing is concerned, the relationship between the two parties is contract contracting and contracting, and what the two parties agree on is "workload". As for how much labor is used by the contractor, it is not directly related to the contractor.