Labor dispatch process

1. Business negotiation

1. Communicate with the employer and introduce the nature of the company, the characteristics of labor dispatch, and the advantages that labor dispatch can bring to the enterprise;

2. According to the employment position and specific conditions of the employer, go to the site to understand the workplace and labor protection conditions;

3. Understand the composition of labor personnel, the monthly salary standards of labor personnel, and the Welfare benefits enjoyed by the employer, etc.;

4. Determine whether this business is feasible.

2. Draft a labor dispatch contract

1. Based on the specific circumstances of the business negotiation, submit the drafted dispatch contract to the employer for comments;

2 , Provide timely feedback on solicitation of opinions on dispatch contracts, and determine the contract text and signing date.

3. Signing a Labor Dispatch Contract

1. Both parties sign a "Labor Dispatch Contract";

2. We can assist the employer in signing a job contract.

4. Matters requiring assistance or agency

1. According to the actual needs of the employer, we can handle the recruitment procedures as an agent;

2. According to the actual needs of the employer , can act as an agent for the copywriting and graphic design of recruitment advertisements, and handle media release matters;

3. Act as an agent for the handling of recruitment booths.

5. Personnel registration and training

1. The labor personnel fill in two copies of the employee registration form;

2. The employment system and on-the-job training shall be carried out according to the needs of the position.

VI. Information required from labor personnel

1. Unemployed persons should provide: unemployment certificate, graduation certificate (junior and high school graduates need to hold skills training certificate), copy of ID card

2. Recent college graduates should provide: registration certificate, employment approval form, household registration transfer certificate or ID card;

3. Laid-off personnel should provide: employee transfer Approval form, entrusted management file contract, laid-off certificate;

7. Sign a labor contract

1. Explain to the employees that Hefei Baibang Human Resources Co., Ltd., the labor employer, The relationship and relevant situation between laborers and answer the questions of employees;

2. Preach the rules and regulations for dispatched laborers;

3. Fill in the form of Hefei Baibang Human Resources Co., Ltd. Company employee registration form.

8. Handle recruitment and transfer procedures

Go through relevant procedures for each type of personnel based on their specific circumstances.

9. Handling various insurance procedures

1. Those who are insured for the first time should provide a copy of their ID card;

2. Those who have been insured before must provide Provide a letter of introduction for the transfer of social insurance relations;

3. For employees who have not provided information, a notification form in duplicate should be issued to notify them.

10. Handle housing provident fund payment

11. Handle withdrawal procedures

1. According to the notice issued by the employer, Hefei Baibang Human Resources Resources Co., Ltd. issues a certificate of termination of the labor relationship (in triplicate), which shall be handed over to the employee after an interview;

2. Human Resources Co., Ltd. shall submit a certificate of termination of the labor contract and a letter of introduction for transfer of social insurance relationship when handling the refund. 3. Employees should go to the Unemployment Management Center of the Hefei Municipal Labor and Social Security Bureau to apply for unemployment registration with the certificate of termination of the labor contract and the letter of introduction for the transfer of social insurance relations, and apply for unemployment at the Labor and Security Employment Service Center of the district where their household registration is located. certificate, and receive unemployment benefits.

Extended information:

Knowledge on labor dispatch rights protection:

1. Regulations on the establishment of labor dispatch companies

Article 1 of the Labor Contract Law Article 57 stipulates that a labor dispatch unit shall be established in accordance with the relevant provisions of the Company Law, and its registered capital shall not be less than two million yuan. The Company Law stipulates that the minimum registered capital of a limited liability company is RMB 30,000. If laws and administrative regulations have higher provisions on the minimum registered capital, the registered capital of a labor dispatch company shall not be less than RMB 2 million. Special provisions.

2. What terms should be included in the labor contract between the labor dispatch unit and the dispatched workers?

3. Special provisions on the term of the labor contract between the labor dispatch unit and the dispatched workers.

In practice, in order to avoid employment risks, employers use a large number of dispatched workers, and the form of labor dispatch has developed rapidly. In order to avoid the responsibilities of the employer, some labor dispatch units do not agree on a specific contract period with the employee in the labor contract. Instead, they use the contract period or working hours agreed in the labor dispatch agreement signed between the labor dispatch unit and the employer as the labor contract. the term.

4. The dispatching unit has no obligation to pay labor remuneration during the period when the dispatched worker is not working

The "Labor Contract Law" stipulates that the labor dispatch unit shall enter into a contract with the dispatched worker for more than two years. Fixed-term labor contracts, but in practice, the labor dispatch agreement between the labor dispatch unit and the employer is often only one year or even shorter, which causes the dispatched workers to become unemployed after the expiration of the dispatch agreement. In order to protect the rights of dispatched workers Benefits, the Labor Contract Law stipulates that the dispatching unit shall pay remuneration to the dispatched worker during the period when the dispatched worker is not working.

Analysis of legal issues related to the application of labor dispatch by the employer

1. Obligations of the employer

Although the employer is not an employer in the sense of the labor law, it is Dispatched workers actually provide labor in the employing unit and accept the management of the employing unit. Therefore, the employing unit also has corresponding obligations towards the dispatched workers. Article 62 of the "Labor Contract Law" stipulates that the employer shall perform the following obligations:

(1) Implement national labor standards and provide corresponding labor conditions and labor protection;

(2) Inform the dispatched workers of the work requirements and labor remuneration;

(3) Pay overtime pay, performance bonuses, and provide benefits related to the job;

(4) ) Provide necessary training for dispatched workers on the job;

(5) For continuous employment, a normal wage adjustment mechanism shall be implemented. In addition, paragraph 2 of Article 59 also stipulates, "The employer shall determine the dispatch period with the labor dispatch unit based on the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements."

2. Can an employer set up a labor dispatch unit to dispatch workers to its own unit or its affiliated units?

Some employers, in order to circumvent the law, set up their own dispatch companies and send some workers to their own units. Employees are reintegrated into the ranks of dispatched workers. In order to reduce labor costs, some companies divert some of their original formal employees to labor dispatch companies established by the company in the name of restructuring, and then dispatch them to their original positions in the name of labor dispatch companies, seriously harming the interests of workers.

3. Return mechanism and legal risks of labor dispatch

What is established between the employer and the dispatched workers is an employment relationship, not a labor contract relationship. Therefore, when a dispatched worker is legally able to terminate the labor contract, the employer cannot directly terminate the labor contract, but can only return the worker. In practice, many employers believe that the flexibility of labor dispatch means that the worker can be returned at any time. , which is wrong.

4. Risks and prevention of joint and several liability of the employing unit

Article 92 of the "Labor Contract Law" stipulates that if a labor dispatch unit violates the provisions of this law, the dispatched labor shall be liable to If a worker causes damage, the labor dispatch unit and the employer shall bear joint liability for compensation.

Baidu Encyclopedia: Labor Dispatch