Does the outsourcer get compensation when the company goes bankrupt? Whether the outsourcing workers have compensation when the company goes bankrupt depends on the specific agreement in the tripartite contract. Generally, the labor relations of the dispatched workers are not in the employing unit, and the employing unit can return the workers to the dispatching company free of charge. Its legal definition is called "contracting", outsourcing contracting is a business form stipulated by law, and labor dispatch is only a form of employment stipulated by the labor contract law, and there are essential differences between them. Based on this, the two cannot be considered together. Labor outsourcing means that an enterprise outsources part of its business or functional work to relevant institutions, who arrange their own personnel to complete the corresponding business or functional work according to the requirements of the enterprise. Labor dispatch refers to a form of employment in which the employer and the labor dispatch unit sign a labor dispatch agreement and the labor dispatch unit sends personnel to the employer to engage in the work arranged by the employer. The similarity between labor outsourcing and labor dispatch is that neither the employer nor the contracting unit signs labor contracts with the workers. The difference between them lies in the different applicable laws. Labor contract law is applicable to labor dispatch, and contract law is applicable to labor outsourcing. Labor outsourcing is generally settled according to the pre-determined labor unit price and the workload completed by the labor outsourcing unit, and the contract object is generally "things"; Labor dispatch is generally based on dispatch time and cost, and the cost is settled according to the agreed number of dispatchers. The object of contract is generally "person". In other words, under labor outsourcing, employers buy "labor", while under labor dispatch, employers buy "labor". Labor outsourcing is governed by contract law. The employer and the contractor shall bear the rights and obligations according to the contract of both parties, and the employer is basically not responsible for the employees of the contractor. In the process of labor dispatch, if damage is caused to the dispatched workers, the labor dispatch unit and the employing unit shall bear joint and several liability for compensation according to the Labor Contract Law. The amendment to the Labor Contract Law will be implemented on July 20 13 1 day. The amendment to the Labor Contract Law not only requires labor dispatchers to receive equal pay for equal work, but also clearly explains "temporality, assistance and substitution", stipulates that the number of labor dispatchers should be strictly controlled, and increases the penalties for corresponding illegal acts. In order to solve the problem, enterprises will inevitably "have policies at the top and countermeasures at the bottom". But you need financial compensation. Generally speaking, some technical and transactional work can often be outsourced. As we all know, personnel management processes include job demand analysis, job analysis, recruitment, screening, training, performance evaluation, employee opinion survey, salary and benefits, employee relations and so on. Among them, most of the work such as job analysis, recruitment, training, employee opinion survey, welfare and salary can be outsourced, and the recruitment needs of middle and low-level personnel in the company are the most complicated. State statutory welfare, such as pension insurance, unemployment insurance, medical insurance, housing provident fund and other transactional work can also be outsourced. However, core tasks such as corporate culture construction, relationship coordination, encouraging and retaining talents cannot and are difficult to outsource. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.
Legal objectivity:
Article 10 of the Labor Contract Law of People's Republic of China (PRC) shall conclude a written labor contract when establishing labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment. Article 58 of the Labor Contract Law of People's Republic of China (PRC) * * * 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 of the Labor Contract Law of People's Republic of China (PRC) * * * The labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts the 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.