Is security a labor dispatch or a labor outsourcing?

Security companies are all outsourced, and they are basically recruited and trained by security companies, and then arranged to work in cooperative units. When the labor dispatch company makes dispatch, the dispatched personnel can be recruited by the labor dispatch company or by the actual employer.

The differences between labor outsourcing and labor dispatch are as follows:

1, the law is different; The Contract Law is applicable to labor outsourcing, and advocates the autonomy of the parties, and freedom is freedom without prohibition; Labor contract law is applicable to labor dispatch, belongs to the category of social law, has a certain nature of public law, and more embodies the concern for the vulnerable group of workers. For example, the employer can only return the workers to the labor dispatch unit if it has the statutory conditions for return, and it is not allowed to return them at will;

2. Different management authority for workers; In labor outsourcing, the contractor directly manages the workers engaged in outsourcing services, and the employer may not directly manage them. The various rules and regulations of the employer are not applicable to the workers engaged in outsourcing services, otherwise it is equivalent to stepping into the threshold of labor dispatch; The workers in labor dispatch are mainly managed directly by the employing unit, and the rules and regulations of the employing unit are applicable to the dispatched workers. The core difference between labor outsourcing and labor dispatch lies in the different management authority for workers. In order to realize "real outsourcing", the employer must cut off the direct management of the workers engaged in outsourcing, and the employer's requirements and instructions should be directly issued to the management personnel designated by the contractor at the outsourcing labor site.

3. Different labor risks; The core element of labor outsourcing is the work results, and employers pay attention to the work results delivered by contractors. As for how the contractor completes the work, the employer doesn't care. The contractor can only get the corresponding outsourcing expenses if the work results meet the agreement, and the labor risk of the outsourced laborers has nothing to do with the employer. The core element of labor dispatch is the labor process, and the labor dispatch unit is not responsible for the work results of the dispatched workers. The dispatched workers may "succeed" or "fail", and the risk of success or failure shall be borne by the employing unit;

4. Different employment risks; In labor outsourcing, the employment risk of the contractor's employees has nothing to do with the employer, and the employer and the contractor bear their own employment risks, and the employment risks of both parties are completely isolated; As a way of employment, labor dispatch is the main body of the legal relationship among the three parties, and it needs to bear certain employment risks. For example, if the labor dispatch unit violates the law and causes damage to the dispatched workers, the labor dispatch unit and the labor dispatch unit need to bear joint and several liability for compensation;

5. Different business qualification requirements; Contractors in labor outsourcing generally have no special business qualification requirements unless there are special laws; The labor dispatch unit must be a legal entity established in strict accordance with the provisions of the Labor Contract Law and obtained the administrative license for labor dispatch;

6. Different accounting treatments; In labor outsourcing activities, the contractor pays labor remuneration to the workers engaged in labor outsourcing in the outsourcing expenses paid by the employer, and the labor outsourcing expenses are not included in the total wages of the employer; In labor dispatch, the total wages of labor dispatchers are included in the statistical scope of the total wages of employers, including basic wages, overtime wages, performance wages and various subsidies undertaken by employers, but excluding management fees and other labor costs paid by using labor dispatchers.

To sum up, labor outsourcing is generally settled according to the pre-determined labor unit price and the workload completed by the labor outsourcing unit, and the contract object is generally "things"; Labor dispatch is generally based on dispatch time and cost, and the cost is settled according to the agreed number of dispatchers. The object of contract is generally "person". In other words, under labor outsourcing, employers buy "labor", while under labor dispatch, employers buy "labor".

Legal basis:

Article 66 of People's Republic of China (PRC) Labor Contract Law

Labor contract employment is the basic employment form of Chinese enterprises. Labor dispatch is a supplementary form, which can only be implemented in temporary, auxiliary or alternative jobs. Temporary work mentioned in the preceding paragraph refers to work with a working time of no more than six months; Auxiliary posts refer to non-main business posts that provide services for main business posts; Alternative work refers to the work that can be replaced by other workers in a certain period of time when the employees of the employer are unable to work due to full-time study, vacation and other reasons. The employing unit shall strictly control the number of labor dispatch, and shall not exceed a certain proportion of its total employment, and the specific proportion shall be stipulated by the labor administrative department of the State Council.