The difference between labor service and labor dispatch

The difference between labor dispatch and labor service: 1, basic difference. In the labor dispatch relationship, the enterprise pays attention to the management of the labor process, and the employer directly directs, supervises and arranges the labor dispatch workers. In the service outsourcing relationship, enterprises pay attention to the management of work results, and service personnel provide services for contractors. 2. Name of the contract. In the labor dispatch relationship, the labor dispatch company signs a labor dispatch agreement with the actual employer; In the service outsourcing relationship, there is no special legal requirement for the contract name, and its name can be service outsourcing agreement, etc. 3. The relationship with labor service providers is different. In the labor dispatch relationship, there is a labor employment relationship between the actual employer and the labor dispatch workers; In the service outsourcing relationship, there is no direct relationship between employers and service personnel. 4. The management authority of labor service providers is different. In the labor dispatch relationship, the actual employer directly assigns work tasks to the labor dispatch workers and supervises and guides them to complete the work tasks; In the service outsourcing relationship, the employer has no direct management right over the service personnel, and the service personnel accept the work arrangement, supervision and command of the contractor. 5. The business fields of application are different.

legal ground

Article 1 19 1 of the Civil Code of People's Republic of China (PRC) * * * Responsibilities of the employing unit and responsibilities of the labor dispatching unit and the labor employing unit. If the employees of the employing unit cause damage to others due to the performance of work tasks, the employing unit shall bear the tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence. During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding responsibilities.