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Labor dispatch workflow
1. Communicate with the employer to introduce the nature of our 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;
3. Understand the composition of workers, the monthly wage standard of workers and the welfare benefits enjoyed by employers;
4. Judge whether this business is feasible.
Second, draw up the labor dispatch contract
1, according to the specific situation of business negotiation, submit the drafted dispatch contract to the employer for comments;
2, timely feedback to solicit opinions of the dispatch contract, determine the contract text and signing date.
Third, sign a labor dispatch contract.
1. Both parties sign a labor dispatch contract;
2. Assist the employing unit to sign the employment contract.
Four. Matters requiring assistance or agency
1, according to the actual needs of the employer, can handle the recruitment procedures as an agent;
2. According to the actual needs of the employer, it can act as an agent for copywriting, graphic design and media release of recruitment advertisements;
3. Acting to handle the recruitment booth.
Verb (abbreviation of verb) personnel registration and training
1. The service personnel shall fill in the Employee Registration Form in duplicate;
2. According to the needs of the employer and the actual position, conduct employment system and job training for workers.
Information that intransitive verbs require workers to provide.
1. Unemployed persons should provide: unemployment certificate, graduation certificate (skills training certificate is required for junior and senior high school graduates) and a copy of ID card;
2. College graduates should provide: registration card, employment approval form, household registration card or ID card;
3. Laid-off workers should provide: approval form for workers' job transfer, contract for entrusted management files, and on-the-job certificate;
Seven, sign a labor contract
1. Explain to employees the relationship between Hefei Baibang Human Resources Co., Ltd., labor employing units and laborers and relevant information, and answer employees' questions;
2, preach the rules and regulations of expatriate workers;
3. Fill in the employee registration form of Hefei Baibang Human Resources Co., Ltd. ..
8. Handling recruitment and transfer procedures.
According to the specific situation of all kinds of personnel, handle relevant procedures for them.
Nine. Go through all kinds of insurance procedures
1, the first insured provides a copy of the ID card;
2. The original insured person shall provide a letter of introduction for the transfer of social insurance relations;
3. Employees who fail to provide information shall be informed in duplicate.
Ten, for housing provident fund payment.
XI. Handling the dismissal procedures.
1. According to the notice of the employer, Hefei Baibang Human Resources Co., Ltd. issued a certificate of dissolution of labor relations (in triplicate), which was handed over to me after interviewing the employees;
2, human resources co., LTD., with the certificate of termination of the labor contract, social insurance relationship transfer letter of introduction for dismissal procedures;
3. Workers hold the certificate of termination of the labor contract and the letter of introduction of social insurance relationship transfer, go to the unemployment management center of Hefei Municipal Labor and Social Security Bureau for unemployment registration, and apply for unemployment certificates at the labor and social security employment service center in the area where the household registration is located to receive unemployment benefits.
Extended data:
Labor dispatch rights protection knowledge:
1. Provisions on the establishment of labor dispatch companies
Article 57 of the Labor Contract Law stipulates that labor dispatch units shall be established in accordance with the relevant provisions of the Company Law, and the registered capital shall not be less than 2 million yuan. The Company Law stipulates that the minimum registered capital of a limited liability company is RMB 30,000. Where laws and administrative regulations have high provisions on the minimum amount of registered capital, it is specially stipulated that the registered capital of labor dispatch companies shall not be less than 2 million yuan.
2. What terms should the labor contract concluded between the labor dispatch unit and the dispatched worker have?
3. Special provisions on the term of labor contracts concluded between labor dispatch units and dispatched workers.
In practice, employers use a large number of labor dispatchers for the purpose of avoiding employment risks, and the forms of labor dispatch have developed rapidly. In order to avoid the responsibility of the employer, some labor dispatch units do not agree on a specific contract term with the employee in the labor contract, but take the contract term or employment time agreed in the labor dispatch agreement signed between the labor dispatch unit and the employer as the labor contract term.
4. The dispatched workers have no obligation to pay the labor remuneration of the dispatching unit during their work.
The Labor Contract Law stipulates that the labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years. But in practice, the labor dispatch agreement between the labor dispatch unit and the employer is usually only one year or even shorter, which leads to the unemployment of the dispatched workers after the expiration of the dispatch agreement. In order to protect the interests of the dispatched workers, the Labor Contract Law stipulates that the dispatched workers have the obligation to pay the workers remuneration during their absence.
Analysis of Legal Issues Related to the Application of Labor Dispatch by Employers
1, obligations of the employer
Although the employing unit is not the employing unit in the sense of the labor law, since the dispatched workers actually provide labor in the employing unit and accept the management of the employing unit, the employing unit also needs to bear corresponding obligations to the dispatched workers. Article 62 of the Labor Contract Law stipulates that the employer 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. In addition, the second paragraph of Article 59 also stipulates that "the employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the work, and shall not divide the continuous employment period into several short-term labor dispatch agreements".
2, the employer can set up its own labor dispatch units, to send workers to the unit or subordinate units.
Some employers, in order to circumvent the law, set up their own dispatch companies and re-integrate some employees into the ranks of dispatched workers. In order to reduce the labor cost, some enterprises, in the name of restructuring, diverted some of the original fixed employees to the labor dispatch companies set up by their own enterprises, and then sent them to their original posts in the name of labor dispatch companies, which seriously damaged the interests of workers.
3. Return mechanism and legal risk of labor dispatch.
What is established between the employer and the dispatched workers is an employment relationship, not a labor contract relationship. Therefore, when the dispatched workers can legally terminate the labor contract, the employer can not directly terminate the labor contract, but can only return the workers. In practice, many employers think that the flexibility of labor dispatch can be reflected in returning workers at any time, which is wrong.
4. The joint liability risk of the employer and its prevention.
Article 92 of the Labor Contract Law stipulates that the labor dispatch unit violates the provisions of this law. If damage is caused to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation.
Baidu encyclopedia: labor dispatch
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