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How to write about the operation of labor dispatch companies?
If you have the ability to go out and recruit social temporary workers yourself! 7. Feasibility report and implementation plan for the establishment of labor dispatch agencies; 8. Articles of association and relevant rules and regulations of the labor dispatch organization; 9. First of all, you have to understand "labor dispatch" to be handy when starting a business.
The knowledge you must master in dispatching: (1), what are the advantages of dispatching (2), why the enterprise chooses to dispatch (3), what services will be provided after dispatching (4), and the collection methods of various service fees are all business skills, mainly the trust of customers! Work hard! If you do dispatch business, your skills can go to other units to apply for personnel specialist.
2. Labor dispatch is a realistic topic in the practice of establishing labor market mechanism in China. It is a relatively new form of labor economy in China, and it is also the fastest developing form at present.
On the premise of recognizing the essence of labor dispatch, it is more important to tap the potential of labor dispatch in absorbing employment.
For China, a developing country with a large number of low-quality labor resources, the labor economy such as labor dispatch is more suitable for China's factor endowment and can give full play to China's comparative advantage in resources.
Especially in recent years, with the decreasing of traditional jobs and the increasing of labor supply in China, it is more significant to develop labor dispatch.
1. Background and function of labor dispatch 1. 1 The concept of labor dispatch is a broad concept about phenomena, institutions, people and behaviors, which has three meanings: labor dispatch work arrangement, labor dispatch organization and labor dispatch.
1. 1. 1 Labor Dispatch Work Arrangement "Labor Dispatch" is a new organizational form of production factors, which means that the employer arranges some temporary, unfixed or special work needs through external organizations that only engage in profit-making labor activities.
1. 1.2 "labor dispatch" organization is a new form of social resources organization different from traditional enterprises.
It is engaged in labor service activities that simply manage labor resources, and it obtains profits by sending employees to work in employers in order to survive and develop.
1. 1.3 "labor dispatch" employment "labor dispatch" employment is an informal form of employment.
The laborer is an employee of the labor dispatch enterprise and has an employment relationship with the dispatch agency; However, workers work in employers and accept relevant management, and employers and workers are used and used.
Compared with various forms of employment, "labor dispatch" is characterized by fixed term and dependent employment.
Compared with other forms of labor economy, labor dispatch has two biggest characteristics. First, the laborer is an employee of the dispatching company and has a labor contract relationship.
This is different from labor intermediary and labor agency; Second, the dispatch company only engages in labor dispatch business, and does not contract projects, which is different from labor contract.
1.2 The background of labor dispatch is the result of spontaneous choice of market subjects under the condition of market economy.
Since the 1990s, with the maturity of the market economy and the deepening of the reform of the employment system, the independent status of the main body of China's labor market has been increasingly established. They will seek advantages and avoid disadvantages according to the supply and demand situation in the labor market, and decide on employment, employment forms and business forms spontaneously, which is the fundamental premise for the emergence and development of labor dispatch.
1.2. 1 The reform of employment system in large enterprises is the main reason for the arrangement of labor dispatch workers. For a long time, a large number of inefficient and inefficient workers have accumulated in China's system.
With the reform of enterprise employment system to the market direction, enterprises began to control the growth of personnel and streamline personnel. Labor dispatch has become an important channel for enterprises to avoid direct impact on society and make normal and abnormal layoffs.
1.2.2 The increasing role of the labor market mechanism is the main reason for the emergence of labor dispatch. With the development of employment agencies and employment agencies, the agencies and functions of labor dispatch have gradually emerged.
Some laid-off, unemployed and rural migrant workers find it difficult to find jobs on their own because of their weak employability. Therefore, the relevant departments organized them to achieve employment through labor dispatch.
In addition, there are also some workers with strong employability who are not satisfied with being fixed in a formal unit and take the form of labor dispatch to enrich their experiences and increase their income.
In addition, with the increasingly difficult employment of college students, many graduates also accumulate work experience through labor dispatch to lay the foundation for future employment.
In a word, labor dispatch, as a product of market economy, not only meets the needs of market participants under the conditions of market economy in China, but also serves the practice of China's economic system reform, reflecting the characteristics of China's integration with the international market.
1.3 The role of labor dispatch in promoting employment. Labor dispatch is a form of labor economy, which is conducive to the development of human resources.
From the practice of our country, the role of labor dispatch in promoting employment is reflected in the following aspects: 1.3. 1 organizing mobile employment, which is conducive to promoting the orderly transfer of rural labor to urban non-agricultural industries. By 2000, employees in the primary industry accounted for 50.0%, while rural practitioners accounted for 70. 1% of all employees, and the urbanization rate of employment was serious.
Because the growth of rural population, that is, the growth of new labor force is much faster than that of cities and towns, the task of transferring rural labor force to cities and towns is very arduous.
Labor dispatch has realized the orderly transfer of rural labor force to cities and towns in the following two ways: first, the relevant departments in the importing areas set up labor dispatch agencies to centrally manage the transferred labor force, including accommodation and other issues, in order to meet the local demand for the transferred labor force, such as the practice in Tianjin; Second, the exporting country should set up labor dispatch agencies in the importing country to help the exporting labor force transfer employment, as in Shandong.
Cross-regional labor dispatch has the following characteristics in promoting the transfer of rural labor force: first, it helps some laborers with insufficient transfer ability to successfully realize the transfer of employment; The second is to make cross-regional employment more certain and avoid blindness in labor export in the past; The third is to better protect the rights and interests of migrant workers.
In a word, trans-regional labor dispatch makes floating employment organized, which is conducive to promoting the orderly transfer of rural labor force to urban non-agricultural industries.
1.3.2 Organizing flexible employment will help solve the mismatch between supply and demand and reduce risks. Take the domestic service company as an example.
At present, there are three main types of domestic service companies: one is run by social organizations such as women's federations; Second, private; Third, community service centers run in street communities.
A large part of them are intermediaries, that is, the company collects intermediary fees and deposits from both parties, and the supply and demand sides conduct transactions.
Intermediary domestic service is risky for all three parties, especially for some small-scale companies, service personnel or customers often default.
The emergence of labor dispatch domestic service companies has solved the above problems.
1.3.3 Promote the transformation of employment mechanism within the system. One of the special functions of China's labor dispatch is to use existing resources to organize laid-off workers and unemployed people to start employment, which promotes the transformation of employment mechanism within the system.
1.3.4 Improve the employment efficiency, thus improving the economic benefits of enterprises. The microscopic function of labor dispatch to meet the needs of employers is its most basic function.
First of all, labor dispatch is not suitable for all enterprises.
Only when the enterprise has labor demand, financial strength and can afford to rent labor dispatch hours will it consider using the form of labor dispatch; For enterprises that have no demand for labor, or enterprises that need people, but their labor costs are relatively low, there will naturally be no demand for labor dispatch.
In a word, labor dispatch is a normal and efficient form of employment for enterprises.
1.3.5 Regulating the relationship between supply and demand in the labor market As a form of informal employment, labor dispatch plays a regulating role in the supply and demand situation in the labor market.
In short, the labor market mechanism is regulated through labor dispatch, so as to maximize the use of labor resources.
From the situation of our country, the development of labor dispatch is conducive to reducing the unemployment rate and promoting the full use of high-quality labor resources.
1.3.6 the employment potential of labor dispatch from the situation of the United States, Japan and EU countries, in all non-agricultural employment, the average proportion of formal employment is 72%, labor dispatch is 1.4%, and informal employment is 5. 1%.
Although labor dispatch is smaller than other forms of employment, it has the fastest development speed and the proportion of employment is relatively stable.
A country has a high proportion of formal sector employment, but the proportion of labor dispatch employment is not necessarily low; On the contrary, the proportion of formal employment is low, and the proportion of labor dispatch employment is not necessarily high. The key depends on the development of other forms of informal employment.
In short, the scale of labor dispatch in a country is related to its industrial structure, labor market, system and culture, and cannot be simply compared with each other.
We use the world average level to infer the scale of labor dispatch in China.
In 2000, there were 212.74 million urban employees in China, including11613,000, 2.47 million private and individual owners, and1/25,000 private and individual employees respectively.
Assuming for the time being that these people who can identify themselves and have registered are in formal employment, there are still 62.57 million people who do not belong to this category, and it is difficult to identify their employment status, accounting for 29.5% of all urban employees.
It can be seen that the proportion of non-agricultural formal sector employment in China is slightly lower than the above average level, but higher than many countries.
2. Present situation and existing problems of labor dispatch 2. 1 Development status of labor dispatch At present, the labor economy including labor dispatch is a new business opportunity in China, and the development status can be summarized as rapid development, huge potential, disorderly competition and irregularity.
From the survey, the current situation of labor dispatch in China is as follows.
2. 1. 1 Regional situation Labor dispatch in the eastern region has developed rapidly and has a large scale.
At present, Beijing, Tianjin, Shanghai, Guangdong, Jiangsu, Zhejiang, Fujian, Guangxi, Heilongjiang, Liaoning, Jilin, Jiangxi, Hunan, Shandong and other places have carried out labor dispatch, and other regions are also continuing to carry out labor dispatch.
It is reported that there are more than 120 companies engaged in talent leasing in Guangzhou at present, and there are more than 300 Beijing labor dispatch enterprises with qualification certificates issued by the Labor Bureau alone.
According to the survey, Beijing Tuanxing Labor and Social Insurance Service Co., Ltd. dispatched more than 8,000 laborers, and Shenzhen Penglao Employment Service Center rented more than 4,500 employees to the society.
2. 1.2 Industry situation The industries that adopt labor dispatch work arrangements are mainly service industry, manufacturing industry and construction industry, such as telecommunications, banking, catering, hospitals, postal services, housekeeping, electric power and railway transportation, and some departments of construction and manufacturing industry.
2. 1.3 Enterprise situation Labor dispatch is particularly welcomed by foreign-funded enterprises, advantageous enterprises and large state-owned enterprises.
Shenzhen is mainly an export-oriented enterprise, joint-stock enterprise and highly competitive industries such as telecommunications and banking, and there is a great demand for labor dispatch.
Some well-known enterprises, such as Shenzhen Huawei, SEG Samsung, SEG Hitachi and Seagate, have all used dispatching employees.
2. 1.4 employees: the employees of labor dispatch are mainly urban migrant workers, college graduates, laid-off workers from enterprises and specialized personnel.
2. 1.5 There are more than 40 kinds of occupations and positions in which labor is expected to be dispatched, mainly including hourly workers, secretaries, telephone operators, counter girls, salespeople, account managers, drivers, security guards, advertising creativity, stock operation, senior management, market analysis, enterprise certification, business negotiation, foreign language translation, decoration design, course lectures, TV shooting and newspaper writing.
2. 1.6 Business units: Labor dispatch companies are mainly job introduction centers under the labor department and re-employment service centers of enterprises.
2. 1.7 Establishment of laws and regulations Due to the single traditional employment form, labor dispatch is still a relatively new thing in China.
Compared with foreign countries, China's labor dispatch management system is still very immature.
First of all, there is no legislation on labor dispatch: there is no separate legislation on labor dispatch, and there are no relevant provisions in existing laws and regulations.
Secondly, in the absence of laws, other management systems have not kept up.
Some places have also issued relevant rules and policies, but there are widespread problems such as narrow scope of adjustment objects and incomplete adjustment contents.
According to the investigation, there are mainly the following relevant regulations: (1) local regulations.
(2) Social insurance policy.
(3) Talent leasing policy.
2.2 The main problems existing in the operation of labor dispatch At present, China's labor dispatch industry is in its infancy and development stage. As a new business, it has not fully entered the vision of government policy.
In the absence of norms, the following problems are exposed in the operation of labor dispatch: 2.2. 1 unclear operation status. Labor dispatch agencies are engaged in a special labor economy, and the law has no clear provisions on their business, which has a great impact on the business of labor dispatch enterprises: enterprises cannot register according to their business contents; How to calculate the income of labor dispatch enterprises and what is the basis of tax law have not been stipulated yet.
2.2.2 Business qualification is not approved. Because the business status is not clear, there is no special department to examine and approve its business qualifications and business, which may lead to blind development.
2.2.3 The problem of mixed operation According to the survey, there are few pure labor dispatch agencies, most of which are mainly labor contracting or labor intermediary, and also run labor dispatch.
2.2.4 The scale and post of labor dispatch workers used by enterprises are not standardized. At present, labor dispatch is widely used in various possible positions by many enterprises.
Some more formal enterprises reasonably arrange their own labor dispatch scale according to their own needs and strictly manage labor dispatch.
They have formulated special labor management regulations, which clearly stipulate the responsibilities of the three labor dispatching parties, the training and assessment of the dispatched employees, the principles and standards for the payment of labor fees, and the dispatch of employees to participate in the activities of trade unions and the party.
Reasonable employment scale and strict management make labor dispatch an organic form of enterprise employment.
By establishing the last elimination system, enterprises give vacant fixed posts to dispatched employees, turn unsuitable personnel into laborers, and make the labor mechanism more flexible, making labor dispatch an effective way to help enterprises adjust their economic structure and reform the employment system, fundamentally saving operating costs and improving economic benefits.
In order to reduce labor costs, some enterprises have laid off employees on a large scale in the name of labor dispatch.
Labor dispatch also makes some enterprises reduce or not use fixed employees.
For example, a high-tech enterprise in Jiading District of Shanghai has no personnel department and no longer opens pension accounts for employees. Enterprises only need to pay a certain fee to the talent service center, and all personnel work such as employee file keeping and social insurance will be handed over to the talent service center.
2.2.5 Lack of protection of the rights and interests of the three parties of labor dispatch. At present, anyone who is engaged in labor dispatch can generally do the following: labor dispatch agencies sign labor dispatch agreements with employers, labor contracts with some workers, and implement industry self-discipline norms.
However, due to the overall imperfection of China's labor security legal system, there is no legal basis and rules to follow in the actual operation of labor dispatch, which leads to the following problems: first, the dispatch agencies have different practices in the content and standards of specific agreements; second, there are no solutions to some responsibility problems; and third, disputes cannot be solved.
As a result, the rights and interests of labor dispatch agencies, employers and workers cannot be fully guaranteed.
The specific problems are: (1) labor contract.
(2) Participate in social insurance.
(3) Policy convergence of cross-regional employment.
(4) Other rights and interests of workers.
5] Controversial issues.
3 Policy Suggestions for Developing Labor Dispatch At present, China's labor dispatch is still in the primary stage of development, and its scale and quantity are still limited. From the demand point of view, it still has great development potential.
Although labor dispatch is still in the primary stage of development, it has shown an important role in promoting employment in China.
Labor dispatch plays an irreplaceable role in promoting the transformation of employment mechanism within the system, promoting the transformation of urban and rural employment structure, and regulating the supply and demand of the labor market.
It can be said that in the future, as an important form of employment, labor dispatch will continue to play its special role.
There are also some problems in the development of labor dispatch.
Although part of it is the problem of irregular operation, the main problem is the lack of standardization and development guarantee of labor dispatch industry caused by imperfect laws and regulations and lack of government policies.
The following specific strategic steps should be implemented in stages: First, in the near future, by formulating departmental regulations, the labor dispatch industry will enjoy preferential policies to promote employment and become an important channel to promote employment placement.
Secondly, within two years, we will work with the industry and commerce, taxation and other departments to formulate the Regulations on the Development Department of Labor Dispatch Industry, clarify the legal status of labor dispatch, and clarify the business qualifications of labor dispatch industry and related industrial and commercial and tax policies.
Third, in the process of establishing and perfecting relevant laws, it will take 5-6 years to standardize the labor dispatch industry.
According to the above-mentioned basic ideas and strategic steps of developing labor dispatch industry, Put forward the following policy suggestions: 3. 1 encourage the development of a number of labor dispatch enterprises in a targeted manner 3. 1. 1 develop a number of specialized labor dispatch contract companies 3. 1.2 develop a number of large-scale chain-operated labor dispatch enterprises 3. 1 3. Encourage the development of diversified labor dispatch organizations 3.2. Support a group of public welfare labor dispatch organizations. According to specific conditions, in areas with real market, developing public welfare labor dispatch organizations can be regarded as an effective way to promote laid-off workers to leave the center for re-employment, absorb employees from bankrupt enterprises and enjoy corresponding preferential policies.
3.2. 1 stipulates the conditions for the identification of public welfare labor dispatch enterprises. 3.2.2 Incorporate public welfare labor dispatch into the reemployment policy system and enjoy relevant policies. 3.3 Implement the labor dispatch license approval system-since the labor dispatch industry involves the labor rights and interests of employees, the establishment of labor dispatch must be approved by the labor security department, registered in the industrial and commercial department, and subject to the annual review system.
-All localities should implement administrative licensing according to local conditions, control access thresholds, adhere to the principle of moderate competition, and reasonably control the number of labor dispatch agencies.
-Set different registered capital requirements for labor dispatch companies with different business objects and business fields.
-Unless specially approved, separate operations must be adhered to, and labor dispatch agencies shall not engage in labor contracting, labor intermediary and labor agency business at the same time.
3.4 Formulate relevant policies and regulations-formulate the tax system of labor dispatch industry.
It is stipulated that the tax base is the income other than labor expenses deducted from the remuneration paid to workers, and a lower tax rate is implemented.
-Formulate the industrial and commercial registration categories of labor dispatch enterprises as soon as possible, and define their legal entities.
-With regard to the taxation of labor dispatch companies, the existing social insurance payment system and procedures should be improved, and social insurance agencies should issue formal payment vouchers to dispatch companies.
3.5 clarify the responsibilities and rights of the three parties in the labor dispatch regulations. Labor dispatch is a special form of employment, employment and management, which conflicts with the traditional labor market operation and management mode.
Therefore, there are certain institutional restrictions on labor dispatch, such as the industries and types of work that labor dispatch workers can engage in, and the conditions for employers to use labor dispatch workers.
However, labor dispatch is also a normal phenomenon in the labor market, and too much regulation is not conducive to its development.
—— To engage in labor dispatch, the labor dispatch agency must sign a labor dispatch agreement with the employing unit, and the agreement must specify the composition of labor fees, payment methods and other contents involving the rights and interests of workers.
-Labor dispatch enterprises must sign labor contracts with laborers, stipulating the responsibilities and rights of both parties.
After the expiration of the labor contract, the labor contract shall not be terminated with the employee within the minimum period.
-The employing unit must sign a labor service agreement with the laborer.
People who use the same labor service for a certain period of time must be converted into regular workers.
-To study and formulate posts and types of work that can use labor dispatch workers.
3.6 Adopt a flexible social insurance policy for labor dispatch employees. With the liberalization of the labor market, the differentiated policies for different forms of employment have had an important impact on labor dispatch.
The higher the degree of protection of formal employment by labor legislation, labor system and policies, the lower the degree of protection of informal employment, and the higher the demand for labor dispatch.
Therefore, we advocate a flexible social insurance policy for labor dispatch employees.
Labor dispatch enterprises must pay social insurance premiums for workers.
Regular employees pay fees normally, and temporary labor dispatch personnel pay fees with reference to other regulations.
In view of the situation of migrant workers, we should actively promote the establishment of a unified national social insurance account.
3.7 Strengthen labor security supervision of labor dispatch to safeguard the legitimate rights and interests of workers. The labor security supervision objects of labor dispatch include dispatching companies and units (including families) that use dispatched personnel.
In view of the fact that there are many domestic service points and the existing means of labor protection supervision are not enough, we can consider training the specialized managers and supervisors of labor dispatch companies in labor laws and policies, so that they can participate in the supervision function and safeguard the legitimate rights and interests of workers.
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