Legal analysis
According to the law, private and for-profit professional intermediaries can charge fees. Of course, the specific charges should be stipulated locally and cannot exceed the prescribed limit. If it is a public welfare professional intermediary organized by the government, it cannot be charged, and the labor law does not stipulate this. Labor intermediary mainly provides employment introduction services for employers and workers, and charges a certain employment introduction fee. Workers and intermediary organizations do not sign labor contracts, so there is no labor relationship, and their relationship is not protected by labor law and related laws. Labor intermediary companies only bear legal responsibilities in civil law and will not be required to pay social insurance and wages for workers. The labor dispatch unit is an employer and needs to bear all the responsibilities of the employer. Labor intermediary companies mainly provide labor information services for enterprises and workers, and charge certain labor intermediary fees to both parties or unilaterally. Intermediary organizations mainly collect certain labor agency fees from workers through the release and recommendation of recruitment information. If both parties do not sign a labor contract, there is no guarantee that it will be accepted by the employer. And the service fee charged is non-refundable, and the whole process is not bound by law, which has certain risks.
legal ground
People's Republic of China (PRC) labor contract law
Article 59 A labor dispatch unit shall conclude a labor dispatch agreement with the unit accepting 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 58 A labor dispatch unit is an employing unit as mentioned in this Law and shall fulfill the obligations of the employing unit to the 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.