What Is Economic Dispatch?

Labor dispatch refers to a form of employment in which a labor dispatch agency concludes a labor contract with a dispatched laborer, dispatches the laborer to another employer, and then the employer pays a service fee to the dispatcher. English is Labor Dispatching, also known as labor dispatch, talent lease, labor dispatch, labor lease, employee lease.

Labor dispatch

Generally, a professional human resources service company can be established with the approval of the provincial personnel department of labor and personnel.

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Labor dispatch is usually there;

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Simplify management procedures and reduce

Four basic principles for the operation and service of labor dispatch companies:

After the implementation of labor dispatch, the actual employer and the labor dispatch organization signed the "

Non-specific "labor dispatch" is a broad concept of phenomena, institutions, people, and behaviors. It has three meanings: "labor dispatch" type work arrangement, "labor dispatch" organization, and "labor dispatch" type employment.

"Labor Dispatch" Work Arrangement The "Labor Dispatch" work arrangement is a new organizational form of production factors. Employers arrange temporary, temporary, and profitable labor service organizations. Forms of work arrangements for non-stationary or special tasks.

"Labor dispatch" organization "Labor dispatch" organization is a new social resource organization form different from traditional enterprises. It is engaged in labor activities that solely manage labor resources. It earns profits by dispatching employees to work units to survive and develop.

"Labor dispatch" employment is a form of informal employment. The laborer is an employee of the labor dispatch enterprise and has an employment relationship with the dispatch agency; however, the laborer works in the employer and receives relevant management. The employer and the employee have a relationship of use and use. Compared with various forms of employment, the characteristic of "labor dispatch" employment is that it is a fixed-term, dependent employment.

Compared with other forms of labor economics, labor dispatch has two biggest characteristics. One is that workers are employees of the dispatching company and there is a labor contract relationship. This with

An Analysis of the Legal Issues Related to the Application of Labor Dispatch in Labor Dispatching Units

1. Provisions for the establishment of labor dispatch companies

Article 57 of the Labor Contract Law stipulates that labor dispatch units shall be established in accordance with the relevant provisions of the Company Law, and the registered capital shall not be less than 2 million yuan. According to the Company Law, the minimum amount of registered capital of a limited liability company is RMB 30,000. If the laws and administrative regulations have higher requirements on the minimum amount of registered capital, from this provision, the registered capital of a labor dispatch company shall not be less than 2 million yuan. Special regulations.

2. What clauses should be included in the labor contract concluded between the labor dispatch unit and the dispatched worker?

3.Special provisions on the duration of labor contracts concluded between labor dispatch units and dispatched workers

In practice, employers use a large number of dispatched laborers for the purpose of avoiding employment risks, and the form of dispatched laborers has developed rapidly. In order to avoid the responsibility of the employer, some labor dispatch units do not agree with the workers on the specific contract period in the labor contract. Instead, they use the contract duration or labor time stipulated in the labor dispatch agreement signed by the labor dispatch unit and the employer as the labor contract. the term.

4. Obligation of labor remuneration to be paid by the dispatched unit during non-working period

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Since the reform and opening up, China's labor dispatching has gone through a budding process, is developing and becoming more and more mature, and has become a hot industry. There are nearly 30,000 labor dispatch companies across the country and about 27 million employees are dispatched, accounting for less than 5% of the country's total number of employees. According to statistics, in 2003, Shanghai dispatched workers accounted for 28.3% of the total number of workers in the enterprise, and rose to 33.8% in 2006, 38.3% in 2007, and 39.7% in early 2008. Shanghai is still on the rise in two or three years. At the end of 2010, Shanghai There are 42,900 units of dispatched laborers in the city, and 1.329 million dispatched laborers, an increase of 67% and 95.7% from the beginning of 2008, respectively. With the acceleration of China's urbanization process, the growth rate of China's labor dispatch industry will continue to accelerate, and there is huge room for growth.

Regional conditions The labor dispatch in the eastern region has developed rapidly and has a large scale. The areas where labor dispatching has been carried out mainly include Beijing, Tianjin, Shanghai, Guangdong, Jiangsu, Zhejiang, Fujian, Guangxi, Heilongjiang, Liaoning, Jilin, Jiangxi, Hunan and Shandong, etc., and labor dispatching has also been carried out in other regions. According to reports, there are more than 120 companies engaged in talent leasing in Guangzhou, and Beijing alone has more than 300 labor dispatch companies that have issued qualification certificates. According to surveys, Beijing Tuanxing Labor and Social Insurance Service Co., Ltd. has dispatched more than 8,000 laborers, Shenzhen Penglao Employment Service Center has provided more than 4,500 social leasing employees, and Zhejiang Jincheng Talent Service Company s labor dispatchers have exceeded Ten thousand people.

Industry conditions The industries that adopt labor dispatch arrangements are mainly service industries, manufacturing and construction industries, such as telecommunications, banking, restaurants, hospitals, postal services, domestic services, electricity, railway transportation and other service industries, as well as construction and manufacturing industries. Some departments.

Enterprise situation Labor dispatch is particularly affected

The problems of labor dispatching in operation are as follows:

Unclear business status The labor dispatch agency is engaged in a special labor economy, and its business has not been clearly stipulated by the law. This has a great impact on the labor dispatch enterprise's business: the company cannot register according to the business content; how? There is no stipulation on the basis of the tax law for the calculation of the income of the labor dispatch enterprises.

No approval for business qualifications Due to the unclear business status, no specialized department has yet to approve their business qualifications and business operations, which may cause blind development.

Problems in mixed operations From the survey, there are few purely labor dispatch organizations, most of which are mainly labor contracting or labor intermediary and concurrently labor dispatch.

The scale and positions of labor dispatch jobs used by enterprises are not standardized , and labor dispatch is widely used by many enterprises for various possible positions. There are some more formal enterprises that reasonably arrange the scale of their labor dispatching work according to their own needs and strictly manage labor dispatch. They formulate specific regulations for the management of labor and employment, and make clear provisions on the responsibilities of the three parties involved in labor dispatch, the training and assessment of dispatched employees, the principles and standards for the distribution of labor costs, and the dispatch of employees to participate in the activities of unions and party groups. Reasonable employment scale and strict management make labor dispatch an organic form of employment. By establishing the last elimination system, vacating fixed posts to dispatched employees, and turning unsuitable personnel into laborers, enterprises have made the employment mechanism more flexible and made labor dispatching help enterprises to adjust their economic structure and employment. The effective way of system reform has fundamentally saved operating costs and improved economic efficiency.

In order to reduce the cost of employment, some other companies have made large-scale layoffs in the name of labor dispatch. Labor dispatch also reduces or eliminates the need for permanent staff in some enterprises. For example, a Jiading District in Shanghai

Labor dispatch is particularly welcomed by foreign-funded enterprises, advantageous enterprises, and large state-owned enterprises because of the following factors:

1. Conducive to reducing recruitment costs. By recruiting employees through labor dispatch, recruitment can be done entirely by labor companies, or most of the recruitment can be done by labor companies, which can reduce a large amount of recruitment expenses.

2. Conducive to reducing training costs. By importing employees through labor dispatch, the employer can work with the labor service company to complete the pre-job training of new employees, and the labor service company is also willing to cooperate with this work. In this work, the employer can complete the training with less human and financial resources. Work and meet job requirements.

3. Conducive to reducing salary expenses. The low pay of imported employees through labor dispatch is often used as an incentive system. Dispatched employees (also known as laborers) who have worked hard or performed well can be converted to regular employees (employees who directly sign labor contracts with employers). This is also the trend of national policy. In actual employment, laborers and formal employees There are indeed differences in employee wages and benefits. Except for normal salary, year-end double pay and statutory benefits, laborers generally do not enjoy the benefits and rewards of regular employees.

4. It is a means of legal tax avoidance.

5. It is conducive to avoiding the risk of layoffs (especially large-scale layoffs by employers). Once the employers reduce the amount of human resources use due to various reasons in the fierce market competition, if the employees have labor relations, it will inevitably cause labor relations. There are certain legally mandatory provisions both in terms of procedures and economic compensation, and for labor dispatch personnel, the employer can use increased management fees or pay a certain amount of compensation as a condition to the labor company. In the labor dispatch agreement, it is agreed that the labor service company shall bear most of the economic compensation liabilities caused by the layoffs, so as to achieve the purpose of transferring risk.

6. Conducive to avoiding or preventing other labor protection risks. Dismissal of labor contracts or special labor relations (such as incompetent work, non-due to work-related illness, etc.) may result in negative impacts on other employees due to the workers' no fault actions. The professionalism of professional labor dispatch agencies (labor companies) and Familiarity with labor laws can effectively help employers get out of the predicament mentioned above, or risks can be mitigated by corresponding precautionary measures before they occur.

7. It is conducive to the change of the human resources department's functions of the employer. Professional labor security supervision is helpful to the effective use of human resources of the employer. The labor service company can play a role of supervising the employer regardless of its own economic interests or the recognition of professional labor security policies. The employees of professional labor service companies often have a good professional background and many years of background in labor security work, which employers can't. Therefore, from the standardization and improvement of the employer's employment system, especially human resources labor service companies in labor relations, they can serve as consultants and guides; they can better motivate employees and use employers to focus on human resources The focus is on improving the core competitiveness of the enterprise, so as to realize the effective use and reasonable allocation of human resources.

8. It is conducive to enhancing the flexibility of the employer and the debinding of labor law protection.

1. "Labor Contract Law": The "Labor Contract Law" was passed for review on June 29, 2007; it was officially implemented on January 1, 2008.

Excerpt Chapter V Section 2 Labor Dispatch

Article 58 A labor dispatch unit is an employer referred to in this law, and it shall perform its obligations to the workers. The labor contract concluded between the labor dispatching unit and the dispatched laborer shall include the matters specified in Article 17 of this Law.

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched laborer for more than two years and pay monthly labor remuneration; during the period when the dispatched laborer does not work, the labor dispatcher shall pay the laborer in accordance with the minimum wage standard set by the local people's government Pay monthly.

Article 59. A labor dispatching unit shall dispatch laborers to conclude labor dispatching agreements with units that accept employment in the form of labor dispatching (hereinafter referred to as laboring units). The labor dispatch agreement shall stipulate the number of posts and personnel to be dispatched, the time limit for dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for breach of the agreement.

The employing unit shall determine the dispatch period with the labor dispatching unit according to the actual needs of the job, and shall not enter into several short-term labor dispatch agreements by dividing the continuous employment period.

Article 60 The labor dispatch unit shall inform the dispatched laborers of the content of the labor dispatch agreement.

The labor dispatch unit shall not withhold the labor remuneration paid by the employing unit to the dispatched laborer in accordance with the labor dispatch agreement.

Labor dispatch units and employers shall not charge fees to dispatched workers.

Article 61 Where a labor dispatch unit dispatches workers across regions, the labor remuneration enjoyed by the dispatched workers and

The development of public welfare labor dispatch organizations can be used as an effective way to promote the re-employment of laid-off workers out of the center, recruit employees of bankruptcy and closed enterprises, and the employment of unemployed people, and enjoy corresponding preferential policies.

Implementing a Labor Dispatch Approval System

Given that the labor dispatch industry involves the labor rights of employees, the establishment of labor dispatch must be approved by the labor security department, registered with the industrial and commercial department, and an annual review system is implemented.

All localities should reasonably control the number of labor dispatch agencies by implementing administrative permits and controlling entry barriers in accordance with local conditions and adhering to the principle of moderate competition.

Set different registered capital requirements for labor dispatch companies with different business objects and business fields.

Unless it is specifically approved, it must adhere to separate operations, and labor dispatch agencies must not operate labor contracting,

Labor dispatch is a form of labor economy that benefits

Rights and obligations are mainly reflected in the following three aspects:

1. The labor dispatching unit shall conclude with the dispatched workers

Recruitment of employees, on-board medical examination

According to the needs of the client company, it recruits dispatched employees or the client recruits appropriate dispatched employees to provide client companies with various labor and social security policy consultations, answer and coordinate and deal with various questions raised by customers, and timely communicate the latest policies and regulations and dynamic information. And organize interviews to go through the staff to go to the city A and other hospitals for admission medical examination.

Employment registration, insurance payment

According to national regulations, pay insurance and provident fund for employees, and handle recruitment and withdrawal procedures for dispatched employees;

Salary payment, work injury declaration

According to the customer's salary system and the monthly salary payment list, it is responsible for the salary distribution of employees, and withholding and paying employees' personal income tax and other payable funds to the state. He is also responsible for reporting to the government the identification of workers' injuries and claims.

Policy consulting and dispute resolution

Provide customers with risk prevention, prevent the occurrence of various labor dispute risks in advance, and solve various problems for customers when labor disputes occur. Advice on labor law and advice on emergency management for enterprises. Provide enterprises with professional labor law consulting services and cooperate with enterprises to deal with emergencies.

On December 28, 2012, the thirtieth meeting of the Standing Committee of the Eleventh National People's Congress passed the Labor Contract Law (Amendment), which is the first amendment to the Labor Contract Law since its promulgation in July 2007. The revised content focuses on labor dispatch. Among them, the labor contract law mainly amended and stipulated the following three points:

1. The threshold for labor dispatch business is raised to 2 million yuan;

2. Implement equal pay for equal work for dispatched workers;

3. Labor dispatch cannot be the main channel for employment.

The "Interim Provisions on Labor Dispatching" ^{[22] was} reviewed and approved by the 21st Ministerial Meeting of the Ministry of Human Resources and Social Security on December 20, 2013, and came into effect on March 1, 2014. Further standardized the relevant content of labor dispatch.