What is overseas labor dispatch?
Service object
Generally, with the approval of the labor and personnel departments of provinces and cities, professional human resources service companies can be established. Its main business includes human resource outsourcing, human resource dispatch, providing talent supply information for enterprises through recruitment network, and providing job registration and recommendation for individuals. At the same time, it also provides enterprises with agency job fairs and legal and regulatory advice.
Post requirements
Article 66 of the Labor Contract Law stipulates: "Article 66 [2] Labor contract employment is the basic employment form of Chinese enterprises. Labor dispatch is a supplementary form and can only be implemented in temporary, auxiliary or alternative jobs. " "The temporary work mentioned in the preceding paragraph refers to the work with a working time of no more than six months; Auxiliary posts refer to non-main business posts that provide services for main business posts; Alternative work refers to the work that can be replaced by other workers in a certain period of time when the employees of the employer are unable to work due to off-the-job study, vacation and other reasons. " "The employing unit shall strictly control the number of labor dispatched, and shall not exceed a certain proportion of its total employment. The specific proportion shall be stipulated by the labor administrative department of the State Council. "
Development suggestion
The development of non-profit labor dispatch organizations can be regarded as an effective way to promote laid-off workers out of re-employment centers, absorb employees from bankrupt and closed enterprises, and enjoy corresponding preferential policies.
Implement the examination and approval system of labor dispatch license
-In view of the fact that the labor dispatch industry involves the labor rights and interests of employees, the establishment of labor dispatch must be approved by the labor and social security department, registered in the industrial and commercial department, and the annual examination system shall be implemented.
-All localities should implement administrative licensing according to local conditions, control access thresholds, adhere to the principle of moderate competition, and reasonably control the number of labor dispatch agencies.
-Set different registered capital requirements for labor dispatch companies with different business objects and business fields.
-Unless specially approved, separate operations must be adhered to, and labor dispatch agencies shall not engage in labor contracting, labor intermediary and labor agency business at the same time.
—— To engage in labor dispatch, the labor dispatch agency must sign a labor dispatch agreement with the employing unit, and the agreement must specify the composition, payment method and other contents involving the rights and interests of workers.
-Labor dispatch enterprises must sign labor contracts with laborers, stipulating the responsibilities and rights of both parties. After the expiration of the labor contract, the labor contract shall not be terminated with the employee within the minimum period.
-The employing unit must sign a labor service agreement with the laborer. People who use the same labor service for a certain period of time must be converted into regular workers.
-To study and formulate posts and types of work that can use labor dispatch workers.
Strengthen the labor security supervision of labor dispatch and safeguard the legitimate rights and interests of workers. The labor security supervision objects of labor dispatch include dispatching companies and units (including families) that use dispatched personnel. In view of the fact that there are many domestic service points and the existing means of labor protection supervision are not enough, we can consider training the specialized managers and supervisors of labor dispatch companies in labor laws and policies, so that they can participate in the supervision function and safeguard the legitimate rights and interests of workers.