Traditional Culture Encyclopedia - Hotel reservation - What is "labor dispatch"? What's the difference from normal recruitment? For example, insurance. Please give me a good explanation.
What is "labor dispatch"? What's the difference from normal recruitment? For example, insurance. Please give me a good explanation.
Labor dispatch, also known as human resource dispatch, is a new labor intermediary service project in China's labor market in recent years according to market demand, and it is a new way of employing people. According to the needs of their own work and development, the employing unit can send all kinds of personnel (sales staff, clerks, ordinary technicians, laborers, etc.). ) through a formal labor dispatch company. After the implementation of labor dispatch, the actual employer signed a labor dispatch contract or agreement with the labor dispatch organization, the labor dispatch organization signed a labor contract with the employee, and the actual employer signed an employment agreement with the employee.
Second, what is the role (advantage) of labor dispatch?
In order to standardize the labor contract system and protect the legitimate rights and interests of employers and workers, according to the requirements of the labor and social security departments, "employers should sign labor contracts with employees, pay social insurance for employees, and enjoy various treatments according to regulations". If the employer regulates the employment of all personnel in a short time, the workload is huge. Therefore, it is a shortcut to entrust a labor dispatch company to dispatch labor for the company and sign labor contracts with employees.
1. Adopting the new employment mode of labor dispatch, employees sign labor contracts with labor dispatch agencies, which ensures that both employers and employees are protected by law and the rights and interests of employees are also guaranteed under the premise of observing the labor law. Employees will work harder for the employer because of the protection and restraint of the labor contract, while the original welfare treatment and management system have not changed;
2. Enjoy social insurance benefits and pay various social insurances for dispatched employees in accordance with state regulations. Employers and dispatched employees shall pay social insurance on a regular basis in accordance with the prescribed proportion. Because employees are paid social insurance by employers, their working years are extended, and unemployment, medical care, work-related injuries and retirement life are guaranteed;
3. Because the labor relationship is in the labor dispatch company, the management of personnel files is also in the labor dispatch company, so it is faster for workers to issue various certificates related to personnel files. In a word, after the implementation of labor dispatch, the management function of employment is brought into full play, the workload of enterprises is reduced, and enterprises can concentrate on participating in market competition, straighten out labor relations, standardize employment behavior, and establish harmonious and stable labor relations between employers and employees. Therefore, for individual workers, it will change.
Third, how to handle the labor dispatch procedures?
Labor dispatch procedures are simple. The employer signs a labor dispatch contract with the labor dispatch agency, puts forward the needs of the dispatched personnel (the personnel can be recruited by the employer itself or through the labor dispatch company), determines the list of employers, and then the labor dispatch agency handles the employment procedures. The specific procedures for dispatching procedures are as follows:
1. The employer signs a labor dispatch contract with the labor dispatch agency. On the premise that both parties abide by the national labor law, the responsibilities and obligations of both parties to the labor dispatch contract are clarified according to the Contract Law;
2. Labor dispatch agencies sign labor contracts with dispatched employees, indicating the name and position of the enterprise to be dispatched;
3. The actual employing unit shall sign an employment agreement with the dispatched employee to clarify the specific requirements and job responsibilities of the labor relations between the two parties.
Fourth, how to pay the wages of dispatched employees?
According to the labor dispatch contract, the enterprise manages and evaluates the dispatched employees on a monthly basis, and determines the total salary, social security fund, overtime pay, personal income tax, housing accumulation fund, etc. At the end of each month, it is paid to the financial account of the dispatched office, and the dispatched office pays the wages of all the dispatched employees, withholding personal income tax and social insurance;
Verb (abbreviation of verb) How to handle social insurance for dispatched employees?
According to the stipulation that "the employer shall pay social insurance for employees", the labor dispatch agency will handle social insurance projects according to the salary base of the dispatched employees proposed by the employer. The details are as follows-
1. Before the specified time of each month, the employer shall pay the social insurance fee for the next month;
2. Labor dispatch agencies pay various social insurance fees for dispatched employees;
3, according to the monthly increase or decrease of dispatched employees, timely handle the transfer procedures of social insurance personnel;
4, in line with the pension, medical care, unemployment, work-related injuries should enjoy the treatment, for reimbursement procedures;
5. The applicant requires to pay the housing accumulation fund for the dispatched employees;
6. Provide users with various social insurance policy consultation and publicize new social insurance policies.
6. How to solve the work-related injury problem of dispatched employees?
1. The employing unit shall be responsible for the safety management of the workplace, facilities and environment and provide necessary labor protection conditions;
2. Dispatching agencies regularly check the workplace safety facilities of dispatched employees, and put forward employment safety suggestions to employers to ensure the labor safety of dispatched employees and avoid industrial accidents;
3. When the dispatched employee is injured in the line of duty, the dispatched institution shall be responsible for handling the work-related injury claim.
Seven, how to manage the files of dispatched employees?
In order to timely and truly grasp the situation of dispatched employees, a unified file management model for dispatched employees is adopted. The main contents are as follows:
1, handle personnel file transfer formalities for dispatched employees in time;
2. Timely handle recruitment filing procedures for newly recruited and dispatched employees;
3. Entrust various certificates for migrant workers in different places;
4, according to the provisions of the agency materials recorded in the relevant file certification procedures;
5. Upon the expiration of the dispatch agreement, the agency files shall be kept or handed over according to the requirements of the employing unit and the dispatched employees.
8. What do employers need to do?
1, should legally regulate the employment in accordance with the provisions of the National Labor Law, and bear the expenses of dispatching employees;
2. In order to ensure the normal development of labor dispatch business, we should standardize and improve the management system of dispatched employees and be responsible for on-the-job training and corresponding skills training for dispatched employees;
3. After the implementation of labor dispatch, the employer can focus on how to mobilize the enthusiasm of the dispatched employees, adopt a reasonable reward and punishment mechanism, formulate reward and punishment standards, assess the dispatched employees, and reward and punish them according to regulations.
9. What expenses should the employer bear?
The expenditure items of the employing unit include: wages of dispatched employees, various social insurance premiums, overtime wages of employees, employee welfare expenses, union dues, service fees of labor dispatch business and related taxes.
X. what kind of personnel are suitable for labor dispatch?
Labor dispatch involves a wide range of occupations, from managers, professional and technical personnel to ordinary employees. At present, the main categories of labor dispatch are:
1, contract employees used after the restructuring of state-owned enterprises.
2, the state institutions supernumerary temporary employees;
3, service industry employees (catering services, room hotel services, etc.). );
4. Employees of commercial enterprises (cashiers, salespeople, clerks, etc.). );
5. Property management personnel (all kinds of technicians, cleaners, security guards, gardeners, etc. );
6 employees of industrial enterprises (drivers, warehousing personnel, ordinary technicians, laborers, etc.). );
(Labor dispatch can also be used as an auxiliary means to extend the probation period of employees. )
XI。 Determination of labor dispatch time
The term of labor dispatch is determined according to the needs of the employer, which is generally applicable to medium-term (within three years), short-term (within one year) and temporary (within six months).
12. Can the dispatched employees be dismissed at will?
Adopting the labor dispatch mode can take some reasonable and legal measures to reduce the economic losses of the employer and reduce the responsibilities and risks borne by the employer, but it does not mean that the employer can dismiss the dispatched employees at will without reason.
Thirteen, what are the legal responsibilities of the labor dispatch unit?
1. Labor dispatch units must sign labor contracts with employees. Disputes arising from the failure to perform the labor contract shall be fined by the administrative department of labor security according to the number of people who have not signed the labor contract;
2, labor dispatch units shall not charge mortgage, deposit and other fees in any form, and the administrative department of labor security may impose a fine on units that violate the regulations.
3. Labor dispatch units shall pay social insurance for employees, and the administrative department of labor and social security may give administrative sanctions to units that violate the regulations, and overdue payment shall be subject to a daily surcharge.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.
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