The difference between labor outsourcing and labor dispatch
Labor outsourcing is not a form of employment. Its definition in law is contracting. Outsourcing is a form of business defined by law. Labor dispatch is only a form of employment specified in the Labor Contract Law. Form, there is an essential difference between the two. Based on this, the two cannot be considered together.
Labor outsourcing means that an enterprise outsources part of the company's business or functional work to relevant institutions, which then arrange their own personnel to complete the corresponding business or functional work in accordance with the requirements of the enterprise.
Labor dispatch refers to a form of employment in which the employer signs a labor dispatch agreement with the labor dispatch unit, and the labor dispatch unit dispatches personnel to the employer to perform the work assigned by the employer.
The common thing between labor outsourcing and labor dispatch is that neither the employer nor the outsourcing unit signs a labor contract with the workers.
The difference between them is
The applicable laws are different. Labor dispatch shall be governed by the Labor Contract Law, and labor outsourcing shall be governed by the Contract Law.
.The labor contracting unit can be an individual, a legal person or other entity. (It is not recommended to outsource contracts to individuals. In practice, individual outsourcing is often judged as a labor relationship)
The labor dispatch unit must be established in strict accordance with the labor contract law and the relevant provisions of the company law, and the registered capital must not be less than 50 The work completed by the workers of the legal entity worth RMB 10,000 is the business or functional activities of the enterprise.
.The responsible entities for labor management are different. This is the main difference between the two.
The outsourcing enterprise does not directly manage the employees of the labor contracting unit. The work organization form and working time arrangement are arranged and determined by the labor contracting unit itself
The employees of the labor dispatch unit must follow the work organization form determined by the employing unit. and work schedules for labor.
. Labor outsourcing is generally settled based on the workload completed by the labor contracting unit based on the unit price determined in advance, and the subject matter of the contract is generally things
Labor dispatch is generally dispatched according to the dispatch time and cost standards, and is dispatched according to the agreement For settlement fees based on the number of people, the subject of the contract is generally people.
.The consequences of breaking the law are different.
The labor contracting unit does not assume any responsibility for the employees of the labor undertaking unit. Contract law applies to labor outsourcing, and the defaulter shall be liable for civil compensation in addition to the liability for breach of contract as stipulated in the contract.
If any damage is caused to the dispatched workers during labor dispatch, the labor dispatch unit and the employer shall bear joint and several liability for compensation in accordance with the Labor Contract Law.
We sincerely welcome your calls to handle Guangzhou labor dispatch contact information
Company Guangzhou Junbo Human Resources Co., Ltd.
Contact person
Huang Sheng
Tel
Transfer
(Saturday and Sunday mobile phone)
Mobile phone
Office
Address Room~, Huagang Business Building, Zhongshan Avenue, Tianhe District, Guangzhou
Website
China Labor Relations Net
In actual operation, when signing labor outsourcing contracts and labor dispatch contracts
Enterprises should pay attention to the following matters
The contract name must clearly indicate whether it is a labor outsourcing contract or a labor dispatch contract.
.Make clear the subject matter of the contract and the settlement method. Is the subject matter of the contract a matter or a person? The settlement method is workload or service time.
.Clear the main body responsible for the management of workers.
The labor outsourcing contract may require the labor contracting unit to abide by the safety management and rules and regulations of the contracting unit, but it must state that the laborer's working hours and work content arrangements are the responsibility of the contracting unit itself.
In a labor dispatch contract, the employer requires the labor dispatch unit to sign a labor contract with the worker. In the dispatch agreement, in accordance with the requirements of the Labor Contract Law, it should stipulate the number of dispatched positions and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, as well as the liability for breach of the agreement, and clarify that the labor dispatch unit shall Inform dispatched workers of the contents of the agreement.
. Agree on tax and financial treatment.
In the labor outsourcing contract, the tax treatment of labor costs should be explained. It can be agreed that the fees paid by the enterprise are tax-included, and the contracting unit is required to provide invoices.
The labor dispatch contract states that the laborer's wage tax shall be borne by the laborer himself, and the settlement of dispatch expenses with the enterprise can be agreed on taxation and invoice processing.
It needs to be reminded that according to the provisions of Article 94 of the "Labor Contract Law", if an individual contract operator recruits workers in violation of the provisions of this law and causes damage to the workers, the contracting organization and the individual contractor operator shall Bear joint and several liability for compensation. Therefore, it is best for enterprises to outsource labor services to find a legal entity as the contracting unit to reduce risks.
The difference between labor outsourcing and labor dispatch