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To put it simply, the laborer does not have a labor relationship with his unit, but forms a labor relationship with another specialized unit such as a talent agency, and then the subordinate organization sends him to the employer for labor, and the employer signs a dispatch agreement with the talent agency. Labor dispatch is also called employee leasing, that is, the employer puts forward the standard conditions and wages of the personnel used to the labor dispatch company according to the actual needs of the work. The company looks for qualified personnel by querying the labor service database and the materials of the recruitment and reserve talent center. After strict screening, the company sends the list of personnel to the employer, who will choose and determine it. Then the employer and the dispatching company sign a labor lease (dispatch) agreement, and the dispatching company signs an employment contract with the employee. The relationship between the employer and the labor dispatch company is labor relationship; The relationship between the hired personnel and the dispatching company is labor relationship, and the relationship with the employer is paid use relationship.
Labor dispatch is a realistic topic in the practice of establishing labor market mechanism in China. It is a relatively new form of labor economy in China, and it is also a form with rapid development and many problems at present. On the premise of recognizing the essence of labor dispatch, it is more important to tap the potential of labor dispatch in absorbing employment. For China, a developing country with a large number of low-quality labor resources, the labor economy such as labor dispatch is more suitable for China's factor endowment and can give full play to China's comparative advantage in resources. Especially in recent years, with the decreasing of traditional jobs and the increasing of labor supply in China, it is more significant to develop labor dispatch.
The role of labor dispatch in promoting employment
Labor dispatch is a form of labor economy, which is beneficial to the development of human resources. From the practice of our country, the role of labor dispatch in promoting employment is reflected in the following aspects:
1. Organizing floating employment is conducive to promoting the orderly transfer of rural labor force to urban non-agricultural industries in China. By 2000, the number of employees in the primary industry in China was 50.0%, while rural practitioners accounted for 70. 1% of all employees, and the urbanization rate of employment was seriously lagging behind. Because the growth of rural population, that is, the growth of new labor force is much faster than that of cities and towns, the task of transferring rural labor force to cities and towns is very arduous.
Labor dispatch has realized the orderly transfer of rural labor force to cities and towns in the following two ways: first, the relevant departments in the importing areas set up labor dispatch agencies to centrally manage the transferred labor force, including accommodation and other issues, in order to meet the local demand for the transferred labor force, such as the practice in Tianjin; Second, the exporting country should set up labor dispatch agencies in the importing country to help the exporting labor force transfer employment, such as Shandong's practice. Cross-regional labor dispatch has the following characteristics in promoting the transfer of rural labor force: first, it helps some laborers with insufficient transfer ability to successfully realize the transfer of employment; The second is to make cross-regional employment more certain and avoid blindness in labor export in the past; The third is to better protect the rights and interests of migrant workers. In a word, trans-regional labor dispatch makes floating employment organized, which is conducive to promoting the orderly transfer of rural labor force to urban non-agricultural industries.
2. Organizing flexible employment is conducive to solving the problem of supply and demand dislocation and reducing risks, taking domestic service companies as an example. At present, there are three main types of domestic service companies: one is run by social organizations such as women's federations; Second, private; Third, community service centers run in street communities. A large part of them are intermediaries, that is, the company collects intermediary fees and deposits from both parties, and the supply and demand sides conduct transactions. Intermediary domestic service is risky for all three parties, especially for some small-scale companies, service personnel or customers often default. The emergence of labor dispatch domestic service companies has solved the above problems.
3. Promoting the transformation of employment mechanism within the system One of the special functions of China's labor dispatch is to promote the transformation of employment mechanism within the system as an action to organize laid-off workers and unemployed people to start employment by using existing resources.
4. The most basic function of labor dispatch is to improve the employment efficiency, thereby improving the economic benefits of enterprises and meeting the needs of employers. First of all, labor dispatch is not suitable for all enterprises. Only when the enterprise has labor demand, financial strength and can afford to rent labor dispatch hours will it consider using the form of labor dispatch; For enterprises that have no demand for labor, or enterprises that need people, but their labor costs are relatively low, there will naturally be no demand for labor dispatch.
In a word, labor dispatch is a normal and efficient form of employment for enterprises.
As a form of informal employment, labor dispatch plays a role in regulating the supply and demand of the labor market. In short, the labor market mechanism is regulated through labor dispatch, so as to maximize the use of labor resources. From the situation of our country, the development of labor dispatch is conducive to reducing the unemployment rate and promoting the full use of high-quality labor resources.
[Potential of Labor Dispatch to Absorb Employment] From the situation of the United States, Japan and European Union countries, the average proportion of formal employment is 72%, labor dispatch is 1.4%, and informal employment is 5. 1%. Although labor dispatch is smaller than other forms of employment, it has the fastest development speed and the proportion of employment is relatively stable. A country has a high proportion of formal sector employment, but the proportion of labor dispatch employment is not necessarily low; On the contrary, the proportion of formal employment is low, and the proportion of labor dispatch employment is not necessarily high. The key depends on the development of other forms of informal employment. In short, the scale of labor dispatch in a country is related to its industrial structure, labor market, system and culture, and cannot be simply compared with each other.
We use the world average level to infer the scale of labor dispatch in China. In 2000, there were 212.74 million urban employees in China, including116130,000, 2.47 million private and individual owners, and125,000 private and individual employees. Assuming for the time being that these people who can identify themselves and have registered are in formal employment, there are still 62.57 million people who do not belong to this category, and it is difficult to identify their employment status, accounting for 29.5% of all urban employees. It can be seen that the proportion of non-agricultural formal sector employment in China is slightly lower than the above average level, but higher than many countries.
In this section, the development of editing labor dispatch in China.
At present, the labor economy, including labor dispatch, is a new business opportunity in China. The present situation of development can be summarized as rapid development, great potential, disorderly competition and lack of standardization. From the survey, the current situation of labor dispatch in China is as follows.
[Regional Situation] Labor dispatch in the eastern region has developed rapidly and has a large scale. At present, Beijing, Tianjin, Shanghai, Guangdong, Jiangsu, Zhejiang, Fujian, Guangxi, Heilongjiang, Liaoning, Jilin, Jiangxi, Hunan, Shandong and other places have carried out labor dispatch, and other regions are also continuing to carry out labor dispatch. It is reported that there are more than 120 companies engaged in talent leasing in Guangzhou at present, and there are more than 300 Beijing labor dispatch enterprises with qualification certificates issued by the Labor Bureau alone. According to the survey, Beijing Tuanxing Labor and Social Insurance Service Co., Ltd. dispatched more than 8,000 laborers, and Shenzhen Penglao Employment Service Center rented more than 4,500 employees to the society.
[Industry Situation] The industries that adopt labor dispatch arrangements are mainly service industries, manufacturing industries and construction industries, such as telecommunications, banking, catering, hospitals, postal services, housekeeping, electric power and railway transportation, as well as some departments of construction and manufacturing industries.
[Enterprise situation] Labor dispatch is particularly welcomed by foreign-funded enterprises, advantageous enterprises and large state-owned enterprises. Shenzhen is mainly an export-oriented enterprise, joint-stock enterprise and highly competitive industries such as telecommunications and banking, and there is a great demand for labor dispatch. Some well-known enterprises, such as Shenzhen Huawei, SEG Samsung, SEG Hitachi and Seagate, have all used dispatching employees.
[Employees] The employees of labor dispatch are mainly urban migrant workers, college graduates, laid-off workers from enterprises and specialized personnel.
[Occupation] It is estimated that there are more than 40 occupations and positions in labor dispatch, mainly including hourly workers, secretaries, telephone operators, counter girls, salespeople, account managers, drivers, security guards, advertising creativity, stock operation, senior management, market analysis, enterprise certification, business negotiation, foreign language translation, decoration design, course lectures, TV shooting, newspaper writing, celebrity biographies and fashion.
[Business Unit] Labor dispatch companies are mainly job introduction centers under the labor department and labor dispatch companies transformed from enterprise re-employment service centers.
[Establishment of laws and regulations] Due to the single form of traditional employment, labor dispatch is still a relatively new thing in China. Compared with foreign countries, China's labor dispatch management system is still very immature. First of all, there is no legislation on labor dispatch: there is no separate legislation on labor dispatch, and there are no relevant provisions in existing laws and regulations. Secondly, in the absence of laws, other management systems have not kept up. Some places have also issued relevant rules and policies, but there are widespread problems such as narrow scope of adjustment objects and incomplete adjustment contents. Judging from the investigation, there are mainly the following relevant provisions:
(1) local regulations (2) social insurance policy (3) talent leasing policy
Edit the main problems existing in labor dispatch operation in this paragraph.
At present, China's labor dispatch industry is in its infancy and development stage. As a new thing, it has not fully entered the vision of government policy. In the absence of norms, the following problems are exposed in the operation of labor dispatch:
Labor dispatch agencies with unclear business status are engaged in a special labor economy, and their business is not clearly defined by law, which has a great impact on the business of labor dispatch enterprises: enterprises cannot register according to their business contents; How to calculate the income of labor dispatch enterprises and what is the basis of tax law have not been stipulated yet.
Business qualification is not approved. Because the business status is not clear, there is no special department to examine and approve its business qualifications and business, which may lead to blind development.
From the survey, there are few pure labor dispatch organizations, most of which are mainly labor contracting or labor intermediary, and also run labor dispatch.
At present, labor dispatch is widely used in various possible positions by many enterprises. Some more formal enterprises reasonably arrange their own labor dispatch scale according to their own needs and strictly manage labor dispatch. They have formulated special labor management regulations, which clearly stipulate the responsibilities of the three labor dispatching parties, the training and assessment of the dispatched employees, the principles and standards for the payment of labor fees, and the dispatch of employees to participate in the activities of trade unions and the party. Reasonable employment scale and strict management make labor dispatch an organic form of enterprise employment. By establishing the last elimination system, enterprises give vacant fixed posts to dispatched employees, turn unsuitable personnel into laborers, and make the labor mechanism more flexible, making labor dispatch an effective way to help enterprises adjust their economic structure and reform the employment system, fundamentally saving operating costs and improving economic benefits.
In order to reduce labor costs, some enterprises have laid off employees on a large scale in the name of labor dispatch. Labor dispatch also makes some enterprises reduce or not use fixed employees. For example, a high-tech enterprise in Jiading District of Shanghai has no personnel department and no longer opens pension accounts for employees. Enterprises only need to pay a certain fee to the talent service center, and all personnel work such as employee file keeping and social insurance will be handed over to the talent service center.
The rights and interests of the three parties involved in labor dispatch cannot be guaranteed. At present, anyone who is engaged in labor dispatch can generally do the following: labor dispatch agencies sign labor dispatch agreements with employers, labor contracts with some workers, and implement industry self-discipline norms. However, due to the overall imperfection of China's labor security legal system, there is no legal basis and rules to follow in the actual operation of labor dispatch, which leads to the following problems: first, the dispatch agencies have different practices in the content and standards of specific agreements; second, there are no solutions to some responsibility problems; and third, disputes cannot be solved. As a result, the rights and interests of labor dispatch agencies, employers and workers cannot be fully guaranteed. The specific question is:
(1) labor contract issues
(2) Participate in social insurance.
(3) Policy convergence of cross-regional employment.
(4) Other rights and interests of workers.
5] Controversial issues
Edit this paragraph's policy suggestions on developing labor dispatch.
At present, China's labor dispatch is still in the primary stage of development, and its scale and quantity are still limited. From the demand point of view, it still has great development potential. Although labor dispatch is still in the primary stage of development, it has shown an important role in promoting employment in China. Labor dispatch plays an irreplaceable role in promoting the transformation of employment mechanism within the system, promoting the transformation of urban and rural employment structure, and regulating the supply and demand of the labor market. It can be said that in the future, as an important form of employment, labor dispatch will continue to play its special role. There are also some problems in the development of labor dispatch. Although part of it is the problem of irregular operation, the main problem is the lack of standardization and development guarantee of labor dispatch industry caused by imperfect laws and regulations and lack of government policies.
The following specific strategic steps should be implemented in stages: First, in the near future, by formulating departmental regulations, the labor dispatch industry will enjoy preferential policies to promote employment and become an important channel to promote employment placement. Secondly, within two years, we will work with the industry and commerce, taxation and other departments to formulate the Regulations on the Development Department of Labor Dispatch Industry, to clarify the legal status of labor dispatch, and to clarify the business qualifications of labor dispatch industry and related industrial and commercial and tax policies.
Third, in the process of establishing and perfecting relevant laws, it will take 5-6 years to standardize the labor dispatch industry. According to the above basic ideas and strategic steps of developing labor dispatch industry, the following policy suggestions are put forward:
1 encourage the development of a number of labor dispatch enterprises in a targeted manner.
(1) Develop a number of professional labor dispatch contracting companies.
(2) Develop a number of large-scale chain-operated labor dispatch enterprises.
(3) Encourage the development of diversified labor dispatch agencies.
2 support a number of non-profit labor dispatch organizations in a targeted manner. In the period of enterprise labor force adjustment, according to the specific situation, in areas with real market, developing non-profit labor dispatch organizations can be regarded as an effective way to promote the re-employment of laid-off workers, absorb employees from bankrupt and closed enterprises, and enjoy corresponding preferential policies.
(1) stipulates the conditions for the identification of public welfare labor dispatch enterprises.
(2) Incorporate public welfare labor dispatch into the re-employment policy system and enjoy relevant policies.
3. Implement the labor dispatch permit approval system.
-In view of the fact that the labor dispatch industry involves the labor rights and interests of employees, the establishment of labor dispatch must be approved by the labor and social security department, registered in the industrial and commercial department, and the annual examination system shall be implemented.
-All localities should implement administrative licensing according to local conditions, control access thresholds, adhere to the principle of moderate competition, and reasonably control the number of labor dispatch agencies.
-Set different registered capital requirements for labor dispatch companies with different business objects and business fields.
-Unless specially approved, separate operations must be adhered to, and labor dispatch agencies shall not engage in labor contracting, labor intermediary and labor agency business at the same time.
4. Formulate relevant policies and regulations
-formulating a tax system for the labor dispatch industry. It is stipulated that the tax base is the income other than labor expenses deducted from the remuneration paid to workers, and a lower tax rate is implemented.
-Formulate the industrial and commercial registration categories of labor dispatch enterprises as soon as possible, and define their legal entities.
-With regard to the taxation of labor dispatch companies, the existing social insurance payment system and procedures should be improved, and social insurance agencies should issue formal payment vouchers to dispatch companies.
5. Clarify the responsibilities and rights of the three parties in the labor dispatch regulations. Labor dispatch is a special form of employment, employment and management, which conflicts with the traditional labor market operation and management mode. Therefore, there are certain institutional restrictions on labor dispatch, such as the industries and types of work that labor dispatch workers can engage in, and the conditions for employers to use labor dispatch workers. However, labor dispatch is also a normal phenomenon in the labor market, and too much regulation is not conducive to its development.
—— To engage in labor dispatch, the labor dispatch agency must sign a labor dispatch agreement with the employing unit, and the agreement must specify the composition, payment method and other contents involving the rights and interests of workers.
-Labor dispatch enterprises must sign labor contracts with laborers, stipulating the responsibilities and rights of both parties. After the expiration of the labor contract, the labor contract shall not be terminated with the employee within the minimum period.
-The employing unit must sign a labor service agreement with the laborer. People who use the same labor service for a certain period of time must be converted into regular workers.
-To study and formulate posts and types of work that can use labor dispatch workers.
6. Adopt a flexible social insurance policy for labor dispatch employees. With the liberalization of the labor market, the differentiated policies for different forms of employment have had an important impact on labor dispatch. The higher the degree of protection of formal employment by labor legislation, labor system and policies, the lower the degree of protection of informal employment, and the higher the demand for labor dispatch. Therefore, we advocate a flexible social insurance policy for labor dispatch employees.
Labor dispatch enterprises must pay social insurance premiums for workers. Regular employees pay fees normally, and temporary labor dispatch personnel pay fees with reference to other regulations. In view of the situation of migrant workers, we should actively promote the establishment of a unified national social insurance account.
7. Strengthen the labor security supervision of labor dispatch and safeguard the legitimate rights and interests of workers. The labor security supervision objects of labor dispatch include dispatching companies and units (including families) that use dispatched personnel. In view of the fact that there are many domestic service points and the existing means of labor protection supervision are not enough, we can consider training the specialized managers and supervisors of labor dispatch companies in labor laws and policies, so that they can participate in the supervision function and safeguard the legitimate rights and interests of workers.
Labor dispatch plays a very important role in promoting the employment of dispatched employees, improving their professional skills and practical ability, safeguarding their legitimate rights and interests, and solving their worries.
Mainly reflected in the following aspects:
1, establishing new labor relations is helpful to protect the legitimate rights and interests of dispatched employees; Make full use of the employment platform and resource advantages of the labor department to provide more employment opportunities and broader career choices for dispatched employees; Pay attention to the education and training of dispatched employees, effectively improve their professional quality and skills, and improve their career choice ability;
2. Labor dispatch not only ensures the wage income level of dispatched employees, but also can improve the wage income of dispatched employees by using internal post space and post adjustment; It can save various expenses for employers to recruit employees, such as venue rental fees and advertising fees; At the same time, it also avoids the losses and troubles caused by the employer's own recruitment of unqualified personnel;
3, the implementation of labor dispatch can save the labor use and management costs of employers; The employer may, according to the needs of production and operation, request the dispatched office to increase or decrease personnel at any time, which is conducive to the flexibility of the employer; It can also be used to free the employer from the complicated labor and social security affairs, which is conducive to the employer to concentrate on production and operation;
Labor dispatch is relatively standardized and legal, and the rights and obligations of the three are relatively clear; Because the labor dispatch organization "supports two companies with one hand" in the "tripartite" relationship, it is beneficial for the employer to choose the supply and demand of the required personnel and protect the responsibilities and rights of all parties.
As a necessary supplementary form of formal employment, labor dispatch is small in scale but developing rapidly. On the premise of protecting the legitimate rights and interests of workers, the balance of interests between dispatching agencies and employing units is a core issue, and a win-win model will promote the further development of the labor dispatch industry.
Labor dispatch is especially welcomed by foreign-funded enterprises, advantageous enterprises and large state-owned enterprises. So why does labor dispatch spread so fast and be accepted by so many employers? This is due to the following factors:
1, which is conducive to reducing recruitment costs. By introducing employees through labor dispatch, the recruitment work can be completely completed by the labor service company, or most of the work in the recruitment can be completed by the labor service company, which can reduce a lot of recruitment expenses.
2. It is beneficial to reduce the training cost. By introducing employees through labor dispatch, the employer can complete the pre-job training of new employees together with the labor service company, and the labor service company is willing to cooperate with this work, and in this work, the employer can complete the training with less human and financial resources to meet the post requirements.
3. It is conducive to reducing wage expenditure. The low salary of employees introduced through labor dispatch is often regarded as an incentive system. Hard-working or well-behaved dispatched employees (also called laborers) can be turned into regular employees (employees who directly sign labor contracts with employers), which is also the trend of national policies. However, in actual employment, there are differences in wages and benefits between workers and regular employees. Workers generally do not enjoy the benefits and rewards of regular employees except normal wages, year-end double pay and statutory benefits.
This is a means of legal tax avoidance.
5. It is conducive to avoiding the risk of layoffs (especially mass layoffs). Once the employer reduces the use of human resources for various reasons in the fierce market competition, if there are employees with labor relations, it will inevitably lead to the dissolution of labor relations. This kind of rescission has certain legal mandatory provisions in procedure and economic compensation. For labor dispatch personnel, the employer may raise the management fee or both parties agree to pay a certain amount of remuneration. In the labor dispatch agreement, it is stipulated that the labor service company should bear most of the economic compensation responsibilities caused by layoffs, so as to achieve the purpose of transferring risks.
6, is conducive to avoid or prevent other labor protection risks. The labor contract or special labor relationship is terminated due to the no-fault behavior of the laborer (such as incompetence, non-work-related illness, etc.). ) may have a negative impact on other employees. The professionalism and familiarity with the labor law of professional labor dispatch agencies (labor service companies) can effectively help employers get rid of the above difficulties, or the risks are resolved before they occur due to corresponding preventive measures.
7. It is conducive to the transformation of the functions of the human resources department of the employer, and professional labor security supervision is conducive to the effective use of human resources of the employer. Labor service companies can supervise employers from their own economic interests and professional awareness of labor security policies. Employees of professional labor service companies often have good professional skills and many years of labor security work background, which is beyond the reach of employers. Therefore, from standardizing and improving the employment system of employers, especially the human resources work in labor relations, labor service companies can play the role of consultants and guidance; It can better mobilize the enthusiasm of employees, and user units focus on the development of human resources and improve the core competitiveness of enterprises, so as to realize the effective utilization and rational allocation of human resources.
8. It is conducive to enhancing the flexibility of employers and the protection of their constraints by labor laws.
In short, labor dispatch is a brand-new industry, which is different from the traditional human resources service. Of course, labor dispatch needs to speed up the process of legalization, so that the labor dispatch industry can quickly enter the track of orderly development, use Scientific Outlook on Development to guide the healthy development of this industry, connect with the international market as soon as possible, and establish a human resource dispatch system and system in line with China's national conditions.
Edit the legal provisions of this paragraph.
People's Republic of China (PRC) labor contract law (effective on June 65438+10/October 65438 +0).
Chapter V Special Provisions
Section 2 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.
Special provisions on labor dispatch
Article 28 A labor dispatch unit established by the employing unit or its subordinate units with capital contribution or partnership to dispatch workers to the unit or its subordinate units belongs to the labor dispatch unit that shall not 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.
Article 33 If an employer violates the provisions of the Labor Contract Law on establishing a roster of employees, the labor administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the labor administrative department shall impose a fine of 2000 yuan to 20000 yuan.
Article 34 If the employer fails to pay the employee twice the monthly salary or compensation in accordance with the provisions of the Labor Contract Law, the labor administrative department shall order the employer to pay.
Thirty-fifth employers who violate the provisions of the Labor Contract Law and these Regulations on labor dispatch shall be ordered by the labor administrative department and other relevant competent departments to make corrections; If the circumstances are serious, each dispatched worker shall be fined according to the standard of 1000 yuan to 5,000 yuan; If damage is caused to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation.
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