1. Is there any compensation for the company's failure to renew the third-party labor contract when it expires?
If the labor contract is not renewed when it expires, the company has compensation; If the labor contract between the employer and the employee expires and the employer is unwilling to renew it with the employee, it shall pay the employee a certain amount of economic compensation.
The calculation standard of economic compensation is: the economic compensation is calculated according to the working years of the laborer in the employer, in which the laborer needs to pay one month's salary every year of work; Those who have worked for more than six months but less than one year shall be counted as one year; Work less than six months, according to half a month's salary to economic compensation. The above-mentioned "monthly salary" mainly refers to the average salary that employees should pay 12 months before terminating the labor relationship with the employer or dissolving the labor contract.
Second, the concept of the third party labor contract
Is a formal labor contract signed directly with the employer; It is a labor dispatch contract (usually referred to as expatriate employees and informal employees) that is signed with a labor dispatch company (a third-party human resources company) and then sent to the employer in the nature of dispatch. Generally speaking, there is little difference, mainly in terms of treatment and welfare (for example, it is not compiled by the employer, the salary is less than that of the regular employees, and the welfare is less than that of the regular employees, etc.). ), and other aspects (such as whether there are weekends, holidays, specific working hours, other subsidies, calculation of overtime pay, liability for breach of contract, etc. ) mainly depends on the content stipulated in the contract. As long as it does not violate the provisions of laws and regulations, the three parties reach an agreement through consultation, and the signed contract is not obviously unfair, which is a valid contract. When it comes into effect, you three parties negotiate.
Enterprise:
By signing a third-party contract with employees, you can.
Employees:
The employee signs a labor contract with the employer, that is, the third-party outsourcing company, and then sends the employee to the employer. The basic interests of employees can be guaranteed, but they may be lower than regular employees in terms of salary and benefits. The risk is that if the enterprise doesn't want you, you won't get economic compensation. Can only be returned to the employer. If the employer has no new arrangement, you can only enjoy the local minimum wage unless otherwise agreed. Essentially, it is labor dispatch.
3. What is the template of the third-party labor contract agreement?
Party A: Human Resources Company
Party B:
In order to meet Party B's production (work) needs, Party A and Party B, on the basis of equality, voluntariness and consensus, signed the following contract on the management of Party A's recruitment of employees for Party B in the form of human resources dispatch in accordance with the Labor Law of People's Republic of China (PRC) and relevant labor policies and regulations:
(1) Number, position and duration of employees recruited by Party A for Party B.
The basic information and specific work of dispatched employees shall be subject to the annex-roster of dispatched employees. When the dispatched personnel are changed, both parties shall agree in writing. The term of this contract is years, from year to year.
(II) Management of personnel dispatched by Party A
(1) labor relations
After the signing of this contract, Party A shall negotiate with the dispatched employees to sign a labor contract and establish labor relations with the dispatched employees;
(2) Social insurance
Party A is responsible for handling social insurance registration for those who accept and sign labor contracts with Party A, and paying social insurance premiums according to regulations;
(3) Personnel files
After signing the labor contract with the employee, Party A shall be responsible for the transfer and management of the employee's personnel files, issue relevant certificates for the employee's personnel files, and go through the formalities of professional title declaration or professional function and skill appraisal for qualified employees;
(4) If the employees recruited by Party A for Party B are fresh graduates of the current year, Party A shall be responsible for signing labor contracts and going through relevant procedures such as settling down.
(5) Daily management of employees
1. Party A shall cooperate with Party B to conduct daily management education for employees, coordinate the relationship between Party B and dispatched employees, and maintain the normal working order of Party B;
2. Party B is responsible for educating the employees dispatched by Party A about their job responsibilities, labor discipline, safety production and industrial business norms, and assessing and recording their daily work, law-abiding and attendance;
3. If the dispatched employee has any of the following circumstances during the work of Party B, Party B shall notify Party A in writing, and Party A shall terminate the labor contract with him and be responsible for rearranging the employee:
(1) is proved not to meet the employment conditions during the probation period;
(2) Party B seriously violates labor discipline or Party B's rules and regulations;
(three) dereliction of duty has caused significant impact and losses;
(4) Being investigated for criminal responsibility according to law;
4. In order to avoid causing labor disputes, Party B shall notify Party A 30 days in advance in case of any of the following circumstances after the employee signs the labor contract and employment contract, so that Party A can notify or negotiate with the employee within the time limit prescribed by law and go through relevant procedures;
(1) When Party B needs to change or adjust the post or work content of the dispatched employees;
(2) Before the expiration of the dispatched employee's labor contract or contract, it is necessary to put forward the employee's intention to terminate or renew the labor contract or contract. If Party B agrees to continue to use and voluntarily send employees to work for Party B, Party A shall go through the formalities for renewing the labor contract, otherwise the labor contract will be terminated naturally.
(3) When the employee is not competent for the job after training;
Three. Responsibilities, rights and obligations of Party A and Party B
(1) Responsibilities, rights and obligations of Party A
1. Cooperate with Party B's daily management and education of employees, coordinate and solve problems in time, replace personnel who do not meet Party B's post requirements, and maintain Party B's normal working order;
2. Responsible for signing labor contracts with dispatched employees, improving employees' social insurance, transferring personnel files, managing employees and handling various employment procedures;
3. According to Party B's requirements, arrange the recruitment, interview and assessment of adjusted or supplemented personnel, organize the implementation of personnel, and fully negotiate with Party B to determine the personnel to be recruited;
4. Timely and properly coordinate and handle all kinds of disputes between Party B and employees, and cooperate with Party B to timely and properly handle employees' disciplinary problems;
5. Cooperate with Party B to educate and train employees on job responsibilities, labor safety laws and regulations and related management systems;
6. Be responsible for dealing with the aftermath of injuries, deaths and other issues of dispatched employees together with Party B, and identify industrial accidents in accordance with relevant regulations of Hubei Province.
7. Be responsible for improving and perfecting the unified post, salary, work standard and related management system of dispatched employees with the cooperation of Party B. ..
(II) Responsibilities, rights and obligations of Party B
1. Effectively protect the legitimate rights and interests of Party A's employees according to the labor policies and regulations of the state and local governments and the stipulations of this contract;
2. Be responsible for educating the dispatched employees on their job responsibilities, labor safety laws and regulations and related management systems, and training basic skills suitable for the post;
3. Contact Party A in time to feed back the working and living conditions of Party A's employees and their compliance with rules and regulations;
4. Be responsible for the work task arrangement and daily management of Party A's employees;
5. Be responsible for providing Party A's employees with working environment, labor protection articles and labor tools that meet the national labor protection standards;
6. When employees are sick and injured at work, they shall promptly notify Party A, and actively assist and cooperate with Party A in the treatment, investigation and after-treatment of industrial accidents.
7. Cooperate with Party A to gradually improve and perfect the working standards and related management systems of employees according to the industry characteristics of Party B..
Four. Related expenses during the contract period
(1) Wages and social insurance expenses of dispatched employees:
1. Wages and social insurance expenses of dispatched employees (see attached table)
(1) Before each month, Party B shall pay the wages of dispatched employees and social insurance premiums payable by the employing unit to Party A in cash according to the salary amount after assessment agreed in this contract.
(2) When sending employees to work for Party B, they shall implement the working hours system stipulated by the state and work overtime on legal holidays, and Party B shall pay overtime remuneration to employees according to national labor laws and regulations;
(3) After Party B pays social insurance premiums to Party A, Party A is responsible for paying social insurance premiums for the dispatched employees.
2. The relevant treatment for the casualties of dispatched employees during the service period of Party B shall be paid by the employing unit in accordance with the Regulations of the State Council on Work-related Injury Insurance and the Implementation Measures of Hunan Province on Work-related Injury Insurance, and Party B shall be responsible for the aftermath.
(2) Management service fee for dispatched employees:
1. After negotiation between Party A and Party B, Party B now employs employees who have signed labor contracts with Party A, and Party B shall pay management service fees to Party A on a monthly basis, with the standard of RMB (in words) per employee;
2. The management service fee shall be paid by Party B to Party A together with the social insurance premium;
3. In case of personnel increase or decrease in the future, Party B shall pay the management service fee to Party A according to the actual number of users in the current month;
(3) Payment and settlement of expenses:
1. Within 10 days from the date of signing this contract, Party B will pay Party A the social insurance premium and management service fee of the dispatched employees on a monthly basis;
2. When the state or the province issues or adjusts the social insurance fees involved in this contract, the insurance types, standards, payment ratio and base will be adjusted accordingly;
3. Within/0/5 days after the termination of this contract, both parties shall make final accounts of the actual amount.
Verb (abbreviation of verb) Change, renewal, termination and rescission of a contract
1. When the laws, regulations and rules on which this contract is based change, the relevant contents of this contract shall be changed accordingly.
2. This contract will be automatically terminated upon expiration. If Party B needs to continue to use the personnel dispatched by Party A, it shall notify Party A 30 days before the termination of this contract, and it can be renewed through negotiation between Party A and Party B. ..
3. This contract may be dissolved under any of the following circumstances:
(1) When Party B fails to pay Party A's expenses according to the payment time and agreement stipulated in the contract;
(2) Other violations of this contract cannot be properly resolved through negotiation between both parties;
(3) Before the expiration of the contract, if one party needs to terminate this contract in advance due to major changes in the production (work) of this unit, it can be terminated through consultation between both parties.
4. Before the termination of this contract, Party A and Party B shall, in line with the principle of being responsible for employees, terminate this contract after properly inheriting and handling issues such as employee labor contracts, social insurance and personnel files;
5. If this contract cannot be performed due to Party B's reasons, and Party A and the employee terminate the labor contract in advance, Party B shall pay the employee the economic compensation for the termination of the labor contract according to the national regulations.
Other contents agreed by both parties of intransitive verbs.
Through negotiation, Party A and Party B have reached the following agreement on this contract: the post contract signed by Party B and the dispatched employees and related management, reward and punishment systems shall be reported to Party A for the record, and confirmed by Party A as an annex to the labor contract signed by Party A and the employees;
Seven. Settlement of disputes
Any dispute arising from this contract between Party A and Party B shall be settled by both parties through consultation; If negotiation fails, either party may bring a lawsuit to the people's court.
Eight. others
1, the roster of dispatched employees and the list of dispatched employees are attached to this contract.
2. Matters not covered in this contract or inconsistent with the relevant provisions of the state and Hubei Province shall be implemented in accordance with the relevant provisions.
3. This contract shall come into effect as of the date of signature by both parties.
4. This contract is made in duplicate, with each party holding one copy.
Party A: Party B:
Legal representative:
Date of signing: Date of signing:
For the relevant signing of labor contracts, the relevant rights and obligations of workers and employers should be clearly defined in the contract first, and they should not be violated without authorization. If there is any violation, how to deal with the result, the obligations that both parties need to bear in this contract, the wages and remuneration of both parties, etc.
The above is to give you a detailed introduction about whether the third-party labor contract company will compensate if it does not renew. If the third-party labor contract company does not renew the contract, and the employer is unwilling to renew the contract with the employee, it may claim compensation. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to answer your questions.