Job Recruitment Website - Zhaopincom - What's the difference between acting and dispatching?
What's the difference between acting and dispatching?
What's the difference between sending and acting?
Talent dispatch and agency recruitment are two different businesses, so there are some differences between them, such as the following differences:
1. Ownership of different personnel
The dispatched employees are employees of the labor dispatch company, and the employees recruited by the agent are employees of the enterprise.
2. The signing objects are different.
The dispatched employee signs a labor contract with the dispatching company, the labor service company pays social security and wages for the employee, the agent recruits the employee to sign a labor contract with the enterprise, and the enterprise pays social security and wages for the employee.
3. Different legal relationships
Labor dispatch involves two subjects, namely, employers and employers. Labor service companies and enterprises are labor relations, dispatching companies and employees are labor relations, and enterprises and employees are employment relations. As for agency recruitment, it is only a subject of an enterprise. Employees and enterprises are labor relations, enterprises and intermediaries are agency relations, and intermediaries have nothing to do with employees.
Which is suitable for enterprise employment, agent recruitment or labor dispatch?
In fact, for enterprises, whether it is agent recruitment outsourcing or labor dispatch, it is just a way of employment. These two businesses have certain benefits for enterprises. For some small and medium-sized enterprises, there is no special recruiter responsible for recruitment.
Legal basis:
Labor Contract Law
Article 57 To engage in labor dispatch business, the following conditions shall be met: (1) The registered capital shall be no less than RMB 2 million;
(2) Having a fixed business place and facilities suitable for conducting business;
(3) Having a labor dispatch management system that complies with the provisions of laws and administrative regulations;
(4) Other conditions stipulated by laws and administrative regulations. Engaged in labor dispatch business, it shall apply to the labor administrative department for administrative license according to law; If it is approved, it shall go through the corresponding company registration according to law. Without permission, no unit or individual may engage in labor dispatch business.
Article 58 A labor dispatch unit is an employing unit as mentioned 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.
Article 59 A labor dispatch unit shall conclude a labor dispatch agreement with the unit accepting labor dispatch (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement. The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements.
Article 60 A labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement. The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched workers according to the labor dispatch agreement. Labor dispatch units and employing units shall not charge the dispatched workers.
Article 61 If a labor dispatch unit dispatches laborers across regions, the labor remuneration and working conditions enjoyed by the dispatched laborers shall be implemented according to the standards of the place where the employing unit is located.
Article 66 Labor contract employment is the basic form of employment for Chinese enterprises. Labor dispatch is a supplementary form, which can only be implemented in temporary, auxiliary or alternative jobs. Temporary work mentioned in the preceding paragraph refers to work with a working time of no more than six months; Auxiliary posts refer to non-main business posts that provide services for main business posts; Alternative work refers to the work that can be replaced by other workers in a certain period of time when the employees of the employer are unable to work due to full-time study, vacation and other reasons. The employing unit shall strictly control the number of labor dispatch, and shall not exceed a certain proportion of its total employment, and the specific proportion shall be stipulated by the labor administrative department of the State Council.
Article 67 An employing unit may not set up a labor dispatch unit to dispatch laborers to its own unit or subordinate units.
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