First, the role of labor dispatch
1. Establishing new labor relations is helpful to protect the legitimate rights and interests of dispatched employees.
2. Make full use of the employment platform and resource advantages of the labor department to provide more employment opportunities and broader career choices for dispatched employees.
3. Pay attention to the education and training of dispatched employees, effectively improve their professional quality and skills, and improve their career choice ability.
4. Labor dispatch not only ensures the wage income level of the dispatched employees, but also improves the wage income of the dispatched employees by using the internal post space and post adjustment.
5, the implementation of labor dispatch can save the labor force of the employer.
Second, what are the forms of labor dispatch?
1, fully scheduled
The dispatching company undertakes a whole set of employee dispatching services, including talent recruitment, performance appraisal, salary and welfare, safety and health, etc.
2. Transfer and scheduling
Enterprises with labor dispatch need to recruit, select and train their own personnel, and then the dispatching company will sign labor contracts with employees, and the dispatching company will be responsible for the salary, welfare, performance appraisal and labor dispute handling of employees.
3, attrition dispatch
Staff attrition dispatch refers to the transfer of the employer identity of employees recruited or hired by enterprises to dispatching companies. The enterprise pays the dispatching expenses of the employees of the dispatching company, and the dispatching company pays all possible expenses, including wages, funds, welfare, various social security funds and social and legal responsibilities that all employers should bear. Its purpose is to reduce the fixed staff of enterprises, and enhance the adaptability of organizations and the flexibility of human resources when enterprises face risks.
4. Trial dispatch
This is a new scheduling method. During the probation period, the employer will transfer new employees to the dispatching company, and then try them out in the form of dispatching. Its purpose is to ensure that employers can select talents more accurately, avoid the risk of error caused by selection tests, and effectively reduce personnel costs.
5. Short-term scheduling
The employer and the labor dispatch agency agree on a time period to hire and implement the dispatched talents.
6. Project scheduling
Enterprises and institutions employ relevant professional and technical personnel for production or scientific research projects.
legal ground
People's Republic of China (PRC) labor contract law
Article 58 A labor dispatch unit is an employing unit as mentioned in this Law and shall fulfill the obligations of the employing unit to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also specify the employing unit, dispatch period and post of the dispatched worker.
The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years, and pay the labor remuneration monthly; During the period when the dispatched workers are not working, the labor dispatch unit shall pay the labor remuneration monthly according to the minimum wage standard stipulated by the local people's government.
Article 59 A labor dispatch unit shall conclude a labor dispatch agreement with the unit accepting labor dispatch (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement.
The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements.