What are the disadvantages of labor dispatch contract?

Generally speaking, the term of labor dispatch contract is more than 2 years. It is a contract that the actual employer and the labor dispatch company sign a labor dispatch agreement first, and then the labor dispatch company recruits employees instead of the employer to dispatch. 1. What are the disadvantages of the labor dispatch contract? In reality, when there is a labor dispute in labor dispatch, it is common for enterprises and dispatching units to shirk their responsibilities. At the same time, after the labor dispatch, the labor contract with the enterprise expires, and the enterprise does not need to pay economic compensation to the workers, which is not conducive to safeguarding the legitimate rights and interests of the workers themselves. 2. Model labor dispatch contract employing unit: (hereinafter referred to as Party A) Dispatching unit: (hereinafter referred to as Party B) In order to promote employment and meet Party A's employment needs, Party A and Party B have established a labor dispatch cooperation relationship within the framework of People's Republic of China (PRC) Labor Contract Law through friendly and equal consultation. Party A will hand over the labor required by this enterprise to Party B for unified dispatch. After consultation, both parties signed the following agreement on labor dispatch: 1. Conditions of labor dispatch personnel and ways of providing labor services. Party B shall recruit and employ qualified personnel according to Party A's requirements, and send them to Party A by means of labor dispatch (the specific number shall be agreed separately). Two. Recruitment and change of labor dispatch personnel 1. Labor dispatch personnel can be confirmed by Party A's interview or by Party B's recruitment, and Party A confirms .. Once the dispatched workers are confirmed, Party A and Party B shall draw up a list of labor dispatch personnel and sign and seal it as an annex to this contract, and Party B shall sign a labor contract with the labor dispatch personnel; 2. If Party A and Party B change the dispatched workers according to the agreement, the list of dispatched workers shall be changed accordingly, which shall be signed and sealed by both parties for approval. If the labor dispatch personnel need to be dismissed according to law during Party A's work, Party A shall notify Party B in writing of the dismissal opinions 35 working days in advance, and Party B shall be responsible for terminating or dissolving the labor contract with the labor dispatch personnel, and Party A shall pay economic compensation according to law; 3. During the period of working for Party A, if the labor dispatch personnel are sick or injured at work (including occupational diseases), during the medical treatment period or during the "third period" of female employees, Party A shall not notify Party B to terminate or dissolve the labor relationship with them, and Party A shall continue to perform the duties of the employing unit in accordance with the relevant provisions of the Labor Law. Three. The salary and social insurance premiums paid by the labor dispatch personnel are 1. The wages and benefits of labor dispatch personnel shall be implemented according to the standards formulated by Party A according to law, and equal pay for equal work shall be implemented; 2. Wages and social insurance premiums of labor dispatch personnel shall be transferred to Party B's bank account by Party A before each month. Party B will transfer the payroll of the labor dispatch personnel provided by Party A to the bank payroll card account of each labor dispatch personnel; 3. Party A shall detail the wages and social insurance premiums of the labor dispatch personnel, and Party B shall pay them in full according to the wages and social insurance premiums transferred by Party A; 4. If Party A fails to pay the monthly salary and various social insurance premiums of the labor dispatch personnel on time, and Party B fails to transfer them to the salary card account on time, the defaulting party shall pay the other party a penalty of 5‰ of the total unpaid amount every day from the overdue date. Four. Rights and obligations of Party A 1. The employment must be standardized according to the provisions of the Labor Law, and the labor dispatch personnel must be arranged in the specific positions of Party A to supervise, inspect and assess the completion of the work by the labor dispatch personnel; 2. Have the final decision on whether the labor dispatch personnel meet the requirements; 3. In any of the following circumstances, Party A can immediately notify and return the dispatched laborers to Party B: (1) Those who do not meet the work requirements of Party A during the probation period; (2) Party B seriously violates Party A's labor discipline and rules and regulations; (3) Serious dereliction of duty and graft, resulting in significant economic losses to Party A; (4) Being investigated for criminal responsibility according to law. 4. Party A requires the labor dispatch personnel to be in good health before taking up their posts, and provide health certificates as required by Party A.. Those who fail to pass the physical examination shall be returned to Party B, and Party B shall arrange it by itself; 5. Party A shall notify Party B in writing 35 working days in advance when it really needs to reduce or return Party B's labor dispatch personnel due to changes in production and operation. Items 1, 2 and 3 of Paragraph 1 of Article 6 of this Agreement shall be settled by Party A, and Party B shall be responsible for handling relevant formalities after negotiation between Party A and Party B; 6. As the social insurance premium is declare in advance, Party A shall inform Party B of the increase or decrease of social insurance premium before 10 every month (in case of rest days and holidays, it shall be notified one day in advance); 7. Determine and adjust the labor remuneration standards of labor dispatch personnel; 8. Where the labor contract between the labor dispatch personnel and Party B is terminated in advance due to Party A's reasons, the economic compensation responsibility shall be implemented by Party A in accordance with the relevant provisions of the Labor Law; 9. If Party B fails to perform the contract, Party A has the right to investigate its liability for breach of contract; 10. Fulfill the obligation of informing, educating and supervising professional ethics, work tasks, skills training, work requirements to be met, safety matters to be paid attention to and disciplines to be observed; 1 1. Provide necessary labor conditions, labor tools and business supplies, as well as labor safety and health facilities and necessary labor protection articles that meet national regulations, and provide simple factory medical services for labor dispatch personnel. V. Rights and obligations of Party B 1. Party B is obliged to inform the labor dispatch personnel of the fact that Party A and Party B have signed a labor dispatch agreement, which will be regarded as one of the terms of the labor contract signed between Party B and the labor dispatch personnel; 2. If Party A fails to perform the contract, Party B has the right to investigate its liability for breach of contract; 3. Be fully responsible for the labor management, labor dispute handling and social security handling of the dispatched workers, handle all matters related to labor relations, sign labor contracts with the dispatched workers and provide them to Party A for the record; 4. Responsible for the management of labor dispatch personnel files, and responsible for the establishment and handover of labor dispatch personnel files; 5. Send qualified laborers to work for Party A according to the terms of the contract. For the laborers that Party A stops dispatching and returns to Party B according to the relevant provisions of this contract, Party B shall take over and be responsible for handling the labor relations with the laborers and other follow-up work, so as to avoid adversely affecting the normal production and operation of Party A as far as possible; 6. In case of work-related accidents of labor dispatch personnel, Party B shall, after receiving the notice from Party A, properly handle them in accordance with relevant insurance regulations and be responsible for settlement of claims; 7. For the economic losses caused to Party A by the dispatched laborers, Party B shall actively help Party A to claim compensation from the laborers, and Party A shall provide necessary assistance; 8. Party B shall designate a special person to visit Party A regularly to learn about Party B's ideological trends, work performance, discipline and reasonable requirements, and Party B shall try its best to provide the best service; 9. Party B is responsible for coordinating the daily life and work of the labor dispatch personnel; 10. Labor dispatch personnel shall abide by the rules and regulations of Party A and Party B, and obey the work arrangement and management of Party A and Party B. If the service period needs to be terminated in advance due to personal reasons, they shall apply to Party A and Party B in writing at the same time 30 days in advance. After Party A approves and completes the handover procedures, Party B is responsible for the relevant procedures before leaving the company ... intransitive verb fee payment 1. Labor expenses paid by Party A to Party B include: (1) labor remuneration of labor dispatch personnel; (2) Social insurance expenses of labor dispatch personnel or accidental injury insurance expenses of interns; (3) Management fees for labor dispatch services; 2. Fee standard: (1) Party B shall notify Party A in writing of the amount of relevant social insurance fees payable by Party A according to the standards agreed by both parties; (2) Accidental injury insurance premium of interns who have not participated in social insurance 10000 yuan shall be transferred to the bank account designated by Party B at one time according to the annual payment of each person; (3) Labor dispatch service management fee standard: ① RMB per person per month; (2) According to% of the total wages of employees. 3. Payment method and payment time: Party A shall pay the fees specified in (1), (2) and (3) to Party B in the form before each month. (In which: the wage payment standard of workers is subject to Party A's salary table; In case of policy adjustment of the state and Suining County, both parties shall make timely adjustment according to law. Labor dispatch service management fee is less than 1 month, calculated as 1 month). Seven. Daily management of labor dispatch personnel 1. Party A shall be responsible for the daily management, safety education, monthly assessment, quarterly assessment and annual assessment of the labor dispatch personnel during their work in Party A; 2. Labor dispatch personnel shall enjoy the welfare, labor protection, work, study, rest and other rights stipulated by Party A, as well as the right to evaluate first. Eight. Handling of industrial accidents 1. Party A shall abide by the laws and regulations on safety production and occupational disease prevention and control to prevent the occurrence of industrial accidents; 2. In case of work-related injuries of labor dispatch personnel during Party A's work, Party A shall actively organize rescue and protection of the site and notify Party B in time. Party B shall undertake the application and coordination of work-related injury identification and labor ability identification, and Party A shall actively cooperate. After the application for work-related injury identification and labor ability appraisal is completed, Party A shall undertake the obligations of the employer in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance and implement them in accordance with the relevant provisions; 3. All expenses incurred due to work-related injuries shall be paid by Party A and handled by Party B, except those paid by social insurance institutions according to the policy; 4. In case of work-related injury of the labor dispatch personnel, the original wages and benefits will remain unchanged during the period of shutdown with pay, and Party A will pay them monthly. Nine. Term of Labor Dispatch Agreement The term of this agreement is years, from year to year. If Party A and Party B have no objection at the expiration of the contract, this contract will be postponed. After the expiration of the contract, any party raises an objection and both parties settle it through consultation. X. Alteration, rescission and termination of the contract and others 1, both parties shall * * * abide by the terms of this contract. Matters not covered shall be settled by both parties through consultation. The supplementary agreement reached by both parties through consultation to amend and supplement this contract has the same legal effect as this contract. 2. This contract will be terminated after its expiration. If either party wants to change the contents of this contract or terminate this contract in advance, it shall notify the other party in writing one month in advance and settle it through negotiation. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. After the termination of this contract, if Party A continues to use the dispatched workers, it shall be deemed that this dispatch agreement continues to be valid and the contract period is postponed, and both parties shall handle the dispatch agreement formalities in time. 3. If either party breaches the contract, the breaching party shall bear the liability for breach of contract and the corresponding economic compensation. XI。 Dispute settlement Any dispute arising from the performance of this contract shall be settled by both parties through consultation; If negotiation fails, it shall be submitted to the court where Party B is located for settlement. Twelve. The other originals of this contract are in duplicate, one for each party, and shall come into effect after being signed. Party A (seal): Party B (seal): legal representative/authorized person's signature: legal representative/authorized person's signature: date: month, year, month, month and day: labor dispatch unit pays labor remuneration on a monthly basis; 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.

Legal objectivity:

Article 58 of the Labor Contract Law stipulates that the labor dispatch unit is the employing unit referred to 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.