Who did you sign with when you entered the company through third-party recruitment?

The labor contract for dispatching a third party shall be signed by both parties on a voluntary basis. In fact, signing a labor contract with a third-party company means that the company entrusts a labor dispatch company to sign a labor contract with it, rather than directly signing a labor contract with the employer.

1. How to sign a labor contract for third-party dispatch?

The labor contract for dispatching a third party shall be signed by both parties on a voluntary basis. Signing a contract with a third-party company means that the company entrusts a labor dispatch company, and the labor dispatch company signs a labor contract with it, and then the labor dispatch company assigns it to the current unit, that is, the current unit is the actual employer, thus forming a tripartite employment form of labor dispatch.

Labor relations are established with labor dispatch companies, labor relations are formed with employers, and civil relations are formed between the two companies. The rights and obligations between them are determined by signing a tripartite agreement. The employing unit shall, in accordance with the agreement, pay the dispatch fee to the labor dispatch company and pay the labor remuneration and social insurance premium to the forced workers; Employers are responsible for the actual employment and management of workers.

This mode of employment is clearly stipulated in the Labor Contract Law and is adjusted by the Labor Law. The main purpose of the company is to reduce costs, and it can also avoid signing open-ended labor contracts with workers.

Second, what is the content of the labor contract?

1. Term of labor contract.

According to the law, there are three kinds of contract term: fixed term, such as 1 year, 3 years, etc. There is no fixed term, and there is no specific time agreement for the contract term. Only the conditions for the termination of the contract are agreed, and there are no special circumstances. The term of the contract shall last until the employee reaches retirement age; For example, a labor service company sends employees to work in another company, and the two companies sign labor contracts. The term of the labor contract signed by the labor service company and the expatriate employees is terminated due to the dissolution or termination of the labor contract. This kind of contract term belongs to the category of completing a certain job. When the employer and the employee negotiate to choose the contract term, they shall make an agreement according to the actual situation and needs of both parties.

2. Work content.

In this necessary clause, both parties can reach an agreement on the quantity and quality of work and the work of workers. When you agree to a job, you can agree on the broader concept of the job, you can also sign a short-term work agreement as an attachment to the labor contract, and you can also agree on the conditions under which you can change the terms of the job. Mastering this skill of concluding a labor contract can avoid the death of the work agreement and avoid disputes arising from disagreement on changing the working terms.

3. Labor protection and working conditions.

In this regard, we can stipulate working hours, rest and vacation, various labor safety and health measures, labor protection measures and systems for female employees and underage workers, and the necessary conditions for labor and work provided by employers for workers in different positions.

4. Labor remuneration.

This necessary clause can stipulate standard salary, overtime pay, bonus, allowance, subsidy amount, payment time, payment method and so on.

5. Labor discipline.

This clause shall stipulate the rules and regulations formulated by the Employer, and may print the brief provisions in the form of internal rules and regulations as an annex to the contract.

6. Conditions for termination of the labor contract.

This necessary clause is generally stipulated in a labor contract with no fixed term, because such contracts have no termination period. However, other types of contracts can also be agreed. It should be noted that both parties shall not take the conditions stipulated by law that the contract can be terminated as the conditions for terminating the contract, so as to avoid the situation that the employer should pay economic compensation when terminating the contract and terminate the contract without paying economic compensation.

7. Liability for breach of labor contract.

Generally speaking, there are two forms of liability for breach of contract. The first is the way of compensation for economic losses caused by one party's breach of contract, that is, compensation for losses; The second is the calculation method of agreed liquidated damages. When using liquidated damages, we should pay attention to determining the specific amount according to the employee's affordability to avoid obvious unfairness. Breach of contract refers to a serious breach of contract, not a general breach of contract, which leads to the inability to continue to perform the labor contract, such as employees leaving their jobs in breach of contract and the unit illegally dissolving the labor contract.

In contemporary society, there are many forms and types of labor contracts signed in China at present, including labor contracts signed directly between workers and employers and labor contracts dispatched by third parties. When signing this kind of contract, it needs to be reviewed first, and then both parties sign it voluntarily.