Haikang Insurance Company recruits employees, but the contract is signed with Guangzhou Shibang Human Resources Co., Ltd., a third party. What happened?

You are an employee of anyone who signs a contract with you.

You sign a contract with the human resources company and then go to work in the insurance company. This is labor dispatch.

The following are the regulations on labor dispatch. See for yourself.

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.