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Where can I complain if I am cheated by a human resources company?
If you are defrauded by a human resources company, it will lead to property losses. Then the victim should keep the evidence in time and report the case to the public security organ in time. The public security organ shall file a case for investigation. After the investigation is completed, if it is considered to constitute a crime, it shall be transferred to the procuratorial organ for examination and prosecution. If the procuratorial organ thinks that it should be prosecuted, it shall bring a public prosecution to the court. If it does not constitute criminal fraud, but civil fraud, for example, to get the other party to sign a contract by fraudulent means, civil means should be used to safeguard rights.
legal ground
Criminal law of the people's Republic of China
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Human resources co., ltd. is mainly an owner company around "human resources"
The main business is generally:
1, file management
2, labor dispatch, wages, social security.
3. Agency recruitment and headhunting recruitment
4. Vocational training
5. Talent evaluation
The basic categories are divided into these five parts. If you want to know more details, you can learn about the specific business of four human resources institutions under SASAC (China Construction Third Bureau, China International Technical Intelligence Cooperation Company (CIIC), Beijing Foreign Enterprise Human Resources Service Co., Ltd. (FESCO), International Talents and China Sida International Economic and Technical Cooperation Company).
Now many workers have such a question, what is the difference between labor dispatch and labor outsourcing? We can distinguish from the following aspects:
① The applicable laws are different. The labor contract law is applicable to labor dispatch, involving labor relations, and the contract law is applicable to labor outsourcing.
② Labor outsourcing can be an individual, legal person or other entity; Labor dispatch units must be legal entities established in strict accordance with the provisions of the Labor Contract Law.
(3) The responsible subjects of labor management are different. This is the main difference between the two. The contracting enterprise does not directly manage the employees of the labor outsourcing unit, and its working form and working hours are determined by the labor outsourcing unit itself; Employees of labor dispatch units must work in accordance with the working forms and working hours determined by the employing units.
(4) Labor outsourcing is generally settled according to the pre-determined labor unit price and the workload completed by the labor outsourcing unit, and the contract object is generally "things"; Labor dispatch is generally based on dispatch time and cost, and the cost is settled according to the agreed number of dispatchers. The object of contract is generally "person".
In other words, under labor outsourcing, employers buy "labor", while under labor dispatch, employers buy "labor".
⑤ The consequences of breaking the law are different. The contract law is applicable to labor outsourcing, and the contracting unit and the contractor assume rights and obligations according to the contract between the two parties, and the contractor is basically not responsible for the contractor's employees; In the process of labor dispatch, if damage is caused to the dispatched workers, both the labor dispatch unit and the employing unit will bear joint and several liability for compensation according to the Labor Contract Law.
Legal basis: Article 58 of the Labor Law of People's Republic of China (PRC). The labor dispatch unit is the employing unit referred to 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.
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