Personnel outsourcing requires qualifications.
If it is a labor dispatch, you must have a labor dispatch business license now. If it is personnel outsourcing, you must have a human resources service license. If the project is outsourced, the business license of the enterprise must include the business scope.
According to Article 62 of the Construction Management Law, all subcontracted projects are definitely necessary. If the contract is signed successfully, the general contract must be filed in the Construction Bureau. If it is compulsory to enter, only people with labor qualifications are eligible to bid. Therefore, in the topic, I asked whether labor outsourcing should be qualified, and the answer was yes.
Second, the service outsourcing matters needing attention:
The legal relationship of labor outsourcing is regulated by the relevant laws of the Contract Law, which is generally subject to the agreement of both parties.
(a) the contractor shall have the corresponding labor contract qualification, employment qualification and safety production conditions.
Generally speaking, in practice, legal entities that have obtained contracting qualifications have passed the safety production review of administrative organs. Enterprises should pay attention to the validity of the contract within the validity period of the unit qualification. Once the qualification of the contractor is revoked by the administrative organ, the enterprise shall terminate the labor outsourcing contract in time.
(two) the construction outsourcing contract shall pay the project price in full and on time.
For the outsourcing of construction projects, according to the provisions of China's construction law, the employer should be responsible to the actual constructor within the unpaid project price. Therefore, the enterprise should pay the project payment to the contractor in full and on time according to the project outsourcing contract, otherwise, when the actual construction party is damaged, the employer can be listed as the defendant, and the employer will bear the corresponding liability for compensation.
(three) the safety of the workplace and the safety of production facilities and equipment
When signing a contract, it may be agreed that the contractor shall be responsible for the necessary safety protection on the job site, and the contractor shall prepare the facilities, equipment and safety protection appliances required for the operation.
Third, the difference between labor dispatch and labor outsourcing
(1) The applicable law is different. Labor contract law is applicable to labor dispatch, and contract law is applicable to labor outsourcing.
(two) the labor contracting unit may be an individual, a legal person or other entity. (It is not recommended to contract to individuals. In practice, individual outsourcing is often judged as labor relations. )
The labor dispatch unit must be a legal entity established in strict accordance with the relevant provisions of the Labor Contract Law and the Company Law, with a registered capital of not less than 500,000 yuan; All the work done by laborers is the business or functional activities of enterprises.
(3) The responsible subjects of labor management are different. This is the main difference between the two.
The contracting enterprise does not directly manage the employees of the labor contracting unit, and its work organization form and working time arrangement are determined by the labor contracting unit itself;
The employees of the labor dispatch unit must arrange their work according to the work organization form and working time determined by the employing unit.
(4) Labor outsourcing is generally settled according to the pre-determined labor unit price and the workload completed by the labor contractor, and the subject matter of the contract is generally "things";
Labor dispatch is generally based on the dispatch time and cost, and the cost is settled according to the agreed number of dispatchers. The object of contract is generally "person".
(5) The consequences of violating the law are different.
The labor contracting unit does not assume any responsibility for the employees of the labor undertaking unit. The contract law is applicable to labor outsourcing, and the defaulting party shall bear civil liability for compensation in addition to the liability for breach of contract agreed in the contract.
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 above is a detailed introduction about whether the outsourcing of talents requires qualifications. To sum up, I remind you that if the unit outsources labor services to individuals, then the labor outsourcing contract can be signed with individuals. If a unit outsources labor services to a certain unit, the labor outsourcing contract shall be signed with the other unit, not with the other individual.