Hello, everyone. Is overseas labor dispatch credible?

Formal foreign-related labor service enterprises are still credible.

Japan or Southeast Asia has the most projects. In addition, central enterprises that go abroad for large-scale infrastructure construction in China will also have vacancies overseas, and their basic projects are all in Africa and individual developing countries. Wages and living conditions are not particularly high.

China's overseas labor service enterprises sign labor cooperation contracts with overseas employers, and then send workers who have established labor legal relations with them to work abroad. Unlike ordinary enterprises (first-class enterprises), such labor dispatch enterprises have no substantive business scope. What they operate is to send workers who have signed contracts with them to work abroad, and they are specialized foreign-related labor dispatch companies.

Foreign-related labor service forms

1. Domestic employers send workers who have signed labor contracts with them to work abroad.

This situation can be divided into two categories. One is that domestic employers send workers to overseas employers to work. For example, China's ocean shipping company sends crew members to work on the ships of overseas employers when the ships are closed or the business volume is insufficient and the crew members have no work to do. This situation is that domestic workers provide labor for overseas employers while retaining their identity.

The other is that Chinese employers undertake business abroad and then take employees abroad to fulfill their labor obligations. For example, when Chinese construction enterprises participate in overseas construction bidding, they will take workers who have established labor relations with them to fulfill their agreed labor obligations overseas after winning the bid.

2. Overseas employment agencies in China introduce overseas employment to China workers. This employment model has the following characteristics: First, overseas employment agencies in China must be established in accordance with the Regulations on the Administration of Overseas Employment Agencies (implemented on July 1 2002) and obtain the License for Overseas Employment Agencies. Without approval and registration, no unit or individual may engage in intermediary activities for overseas employment.

In addition, according to the Regulations on the Administration of Overseas Employment Intermediaries, overseas institutions, individuals and foreign institutions in China are not allowed to engage in overseas employment intermediary activities in China.

As far as overseas employment agencies are concerned, China's intermediary agencies are only intermediaries between China citizens and overseas employers in legal status. They do not sign labor contracts with China citizens, nor are they employers of migrant workers in China. The relationship between intermediaries in China and citizens in China is not regulated by the Labor Law.

China citizens should sign labor contracts with overseas employers, and their labor behavior in the place of performance should be treated according to the principle of territoriality, which is not applicable to China's labor law.