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What is talent dispatch?
Also known as talent dispatch and talent leasing, it refers to a new mode of employment in which an employer selects urgently needed talents through a talent intermediary service agency, and the agency signs a talent dispatch contract and an employee dispatch contract with the employer and the dispatched personnel respectively to standardize the rights and obligations of the three parties during the dispatch period, and at the same time, the agency pays wages, handles social insurance and manages files for the hired talents. It is characterized by the fact that there is no direct labor relationship between the employer and the laborer, the employer does not support people, and the employer and the dispatched institution implement a dual-track assessment management for the dispatched personnel.
First, the type of talent dispatch.
(1) classified by nature
1. Full dispatch: Personnel dispatch agencies undertake a series of personnel management services from talent recruitment, selection, training, quality evaluation and physical examination, to contract signing, personnel file relationship transfer, salary calculation and payment, social insurance handling and professional title evaluation.
2. Post-transfer dispatch: the employing unit recruits, selects and trains personnel by itself, and then the Junbo Talent Dispatching Center signs an employee dispatch contract with the employees before the employees take up their posts, or signs an employee dispatch contract with the existing employees of the employing unit. The person in charge of the dispatch center handles personnel affairs such as personnel file relationship transfer, salary calculation and payment, social insurance handling, performance appraisal, professional title evaluation, and relationship management of the party and youth league organizations. Its purpose is to reduce the fixed staff of enterprises, introduce competition mechanism and enhance the ability of enterprises to cope with risks.
3. Probation dispatch: The new employees handed over by the employer during the probation period will be transferred to Junbo Talent Dispatching Center and then dispatched for probation. Its purpose is to select talents accurately, reduce the risk of possible mistakes and effectively reduce human capital.
(2) Classification by dispatch time.
1. Long-term dispatch: suitable for jobs with little mobility, relatively important, stable and inclusive. The dispatch period is generally more than one year.
2. Short-term dispatch: it is suitable for posts with high mobility and simple work nature and content, and the general dispatch period is less than one year.
3. Phased dispatch: It is suitable for project-based and phased work, and the general dispatch period depends on the length of time required for the work project.
Advantages of talent dispatch
1. Simple personnel management: The employer does not need special institutions and staff to manage the dispatched employees, but is only responsible for the supervision and assessment of their posts and work contents, and complex personnel affairs are completed by the dispatch center.
2. Cost reduction: The employer comprehensively considers post benefits and market prices to set wage standards, and independently adjusts the ratio of fixed wages to floating wages, so the expenditure cost of the comprehensive accounting unit is much lower than that of the staff. This is conducive to the introduction of incentive mechanism, increase team creativity and cohesion. It is also an important way to reduce the recruitment cost to adopt the high-end talent search service of headhunting companies represented by Fiberhome headhunting companies.
3. Entering the legal track: Junbo Talent Dispatching Center's involvement in labor relations is more conducive to the implementation and maintenance of the rights and obligations of both employers and employees during the dispatch period, making the tripartite cooperation more supervised and guaranteed.
4. Scientific selection of talents: during the period when the unit can dispatch, it can "choose short and choose long", discover talents, focus on training, and truly retain talents; For individuals, they can get more employment choices and opportunities to exercise themselves and show their talents, thus enhancing their employment opportunities.
Second, the operation process of talent dispatch
1, the company puts forward employment requirements.
2. Search for information.
3. Select personal data and interview and evaluate individuals.
4. The qualified personnel in the initial test shall be re-examined by the employer to determine the list of officially hired personnel;
5. Conduct on-the-job physical examination and pre-job training for formally hired personnel.
6. Sign a contract, that is, the dispatch center signs a talent dispatch contract with the employer and signs a contract with the individual to dispatch employees.
7. Transfer and establish files for dispatched employees;
8. Handle employee salary cards;
9. Distribute employee's work permit and employee handbook.
10. Personnel services such as file management, salary payment, social insurance, professional title evaluation and on-the-job training for dispatched employees.
1 1. Maintenance of dispatch relationship: maintenance of daily dispatch relationship among dispatch center, employer and dispatched employees.
12. Termination and renewal of the contract.
Third, the laws and regulations of talent dispatch:
1. Labor Contract Law: The Labor Contract Law was passed and deliberated on June 29th, 2007; It was officially implemented on June 5438+ 10/day, 2008.
Excerpt from Section 2 of Chapter 5: Labor Dispatch (hereinafter referred to as Labor Dispatch)
Article 57 A labor dispatch unit shall be established in accordance with the relevant provisions of the Company Law, with a registered capital of not less than RMB 500,000.
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 62 An employing unit shall perform the following obligations:
(a) the implementation of national labor standards, provide corresponding working conditions and labor protection;
(2) Informing the dispatched workers of their job requirements and remuneration;
(3) Pay overtime pay and performance bonus, and provide post-related benefits;
(four) to provide necessary on-the-job training for the dispatched workers;
(five) continuous employment, the implementation of normal wage adjustment mechanism.
The employing unit shall not send dispatched workers to other employing units.
Article 63 The dispatched workers shall enjoy the right to equal pay for equal work with the workers of the employing unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located.
Article 64 The dispatched workers have the right to join or organize trade unions in the labor dispatch unit or the employing unit according to law to safeguard their legitimate rights and interests.
Article 65 A dispatched worker may terminate the labor contract with the labor dispatch unit in accordance with the provisions of Articles 36 and 38 of this Law.
If the dispatched worker falls under any of the circumstances specified in Item 1, Item 2 of Article 39 and Article 40 of this Law, the employing unit may return the worker to the labor dispatch unit, and the labor dispatch unit may terminate the labor contract with the worker in accordance with the relevant provisions of this Law.
Article 66 Labor dispatch is generally carried out in temporary, auxiliary or alternative jobs.
Article 67 An employing unit may not set up a labor dispatch unit to dispatch laborers to its own unit or subordinate units.
Two. Regulations on the Implementation of the Labor Contract Law: promulgated and implemented on September 8, 2008. The State Council Decree No.535
Chapter IV Special Provisions on Labor Dispatch (Personnel Dispatch)
Article 28 A labor dispatch unit established by an employer or its subordinate units with capital contribution or partnership to send workers to this unit or its subordinate units belongs to the labor dispatch unit that cannot be established as stipulated in Article 67 of the Labor Contract Law.
Article 29 The employing unit shall fulfill its obligations as stipulated in Article 62 of the Labor Contract Law and safeguard the legitimate rights and interests of dispatched workers.
Thirtieth labor dispatch units shall not recruit dispatched workers in the form of part-time employment.
Article 31 The economic compensation for the dissolution or termination of the labor contract by the labor dispatch unit or the dispatched laborer according to law shall be implemented in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law.
Article 32 Where a labor dispatch unit illegally cancels or terminates the labor contract of the dispatched worker, it shall be implemented in accordance with the provisions of Article 48 of the Labor Contract Law.
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