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Is China Mobile’s unified campus recruitment “regular workers” or “labor dispatch”?
Signing a contract with a third party indicates that it is labor dispatch
The difference between dispatched workers and regular workers:
1. Talent dispatch refers to the labor dispatch company Establish labor contracts with labor workers and then dispatch them to companies that need workers. The enterprise needs to pay a certain service fee to the labor service company. The labor contract relationship of the labor service employees exists between the dispatch agency and the dispatched workers, but the fact of labor payment occurs between the dispatched workers and the dispatching company.
2. Dispatched workers are employees dispatched by talent dispatch companies to work in enterprises.
3. Formal employees refer to employees who have signed a labor contract with the employing enterprise and have a labor relationship with the employing enterprise.
4. The biggest difference between dispatched workers and regular workers is that the units signing the labor contracts are different. Regular employees sign labor contracts directly with the company where they work. Dispatched workers sign labor contracts with dispatch companies, and dispatched workers have no labor relationship with the employing company.
5. In addition to the different entities that sign labor contracts, their treatment is also different. When equal pay for equal work is not implemented, the treatment of dispatched workers is much less than that of regular employees. After the implementation of equal pay for equal work in labor dispatch, the treatment of the two is almost the same, but there is still a little difference
Why do companies use labor dispatch instead of formal workers?
1. Enterprises use formal workers The cost of employee recruitment is very high. If dispatched workers are used, the recruitment of employees will be done by a labor service company to save costs.
2. Enterprises can avoid risks by using dispatched workers. If a company uses regular workers, if a labor dispute occurs, the company will be responsible for it. However, if it uses labor dispatch, the labor dispatch company will resolve the dispute.
3. It is more convenient and flexible for companies to use dispatched workers. If a company uses regular workers in the off-season, the company will need to maintain a large number of new workers, which will invisibly increase the operating costs of the company. If it uses labor services With dispatched workers, companies can increase dispatched workers during peak seasons and reduce dispatched workers during off-seasons, which is very convenient.
Extended information:
The labor dispatch agreement shall specify the following contents:
(1) The name and nature of the dispatched job position;
< p>(2) Work location;(3) Number of dispatched personnel and dispatch period;
(4) Amount of labor remuneration and method of payment determined in accordance with the principle of equal pay for equal work;
(5) The amount and payment method of social insurance premiums;
(6) Working hours and rest and vacation matters;
(7) Work-related injuries and maternity of dispatched workers Or related treatment during illness;
(8) Labor safety and health and training matters;
(9) Economic compensation and other expenses;
(10) Term of labor dispatch agreement;
(11) Payment methods and standards for labor dispatch service fees;
(12) Liability for violation of labor dispatch agreement;
(13) Other matters that should be included in the labor dispatch agreement as stipulated by laws, regulations, and rules.
The labor dispatch unit shall perform the following obligations to the dispatched workers:
(1) Truthfully inform the dispatched workers of the matters stipulated in Article 8 of the Labor Contract Law and the regulations that should be followed system and the contents of the labor dispatch agreement;
(2) Establish a training system to provide dispatched workers with on-the-job knowledge and safety education and training;
(3) In accordance with national regulations and labor dispatch The dispatch agreement stipulates that the labor remuneration and related benefits of the dispatched workers shall be paid in accordance with the law;
(4) In accordance with national regulations and the labor dispatch agreement, social insurance premiums shall be paid for the dispatched workers in accordance with the law and social insurance shall be paid. Insurance related procedures;
(5) Supervise the employer to provide labor protection and labor safety and health conditions for dispatched workers in accordance with the law;
(6) Issue a notice of rescission or termination of the labor contract in accordance with the law Proof;
(7) Assist in handling disputes between dispatched workers and the employer;
(8) Other matters stipulated in laws, regulations and rules.
China Trade Union News Network-Interim Provisions on Labor Dispatch
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