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Are all company recruitment in Shanghai contracted to intermediaries and some labor dispatch?
1. This labor relationship does not belong to the labor dispatch contract, because the employees of the business hall signed a contract with xx Technology Co., Ltd. to prove that there is no labor relationship between the employees and the telecommunications company, and the employees of the business hall are employees of xx Technology Co., Ltd. ... and xx Technology Co., Ltd. is not a specialized labor dispatch unit, because the labor dispatch unit was established in accordance with the relevant provisions of the Company Law and legal procedures.
2. This case involves two legal relationships. The first is the entrustment contract relationship between the telecom company and xx Technology Co., Ltd. The second is the labor relationship between the employees of the business hall and xx Technology Co., Ltd. ..
3. The principal-agent relationship between telecom company and xx Technology Co., Ltd. is actually a commercial agency relationship. Because some companies have formed a monopoly situation in some areas, but for some reasons, they can't set up business offices in some areas, so they entrust other enterprises with the ability but no rights to act as agents.
Xx Technology Co., Ltd. conducts business in the name of a telecommunications company, but regarding the internal affairs of xx Technology Co., Ltd., xx Technology Co., Ltd. has independent rights.
4. Therefore, there is no labor relationship between the employees of the business hall and the telecom company, and there is no labor dispatch relationship with xx Technology Co., Ltd., but an ordinary employee of xx Technology Co., Ltd., and it is just an ordinary labor relationship with xx Technology Co., Ltd.
Second, the legal basis
1. 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, with a registered capital of not less than 500,000 yuan.
2. Article 396 of the Contract Law stipulates that an entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the principal's affairs.
3. Article 402 of the Contract Law stipulates that a contract concluded by the agent with a third party in his own name within the scope authorized by the principal, if the third party knew the agency relationship between the agent and the principal at the time of conclusion of the contract, the contract directly binds the principal and the third party, unless there is definite evidence to prove that the contract only binds the agent and the third party.
Article 3 of the Labor Contract Law stipulates that the conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
5. Article 7 of the Labor Contract Law stipulates that the employer shall establish labor relations with the laborer from the date of employment. The employing unit shall establish a roster of employees for future reference.
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