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Can the property management company send out labor services?
According to local regulations, if there are local laws and regulations on labor dispatch, it is generally necessary to obtain the practice license of the Human Resources and Social Security Bureau (so-called pre-license) first. If there is no local license, directly apply to the Industrial and Commercial Bureau in accordance with the Company Law.
The registered capital for applying for labor dispatch must be above 500,000.
Units that meet the above conditions can increase their business scope.
2. What is the minimum registered capital of the labor dispatch company?
The minimum registered capital of a registered labor dispatch company is 500,000 yuan.
According to Article 57 of Section II of the Labor Contract Law: "Labor dispatch units shall be established in accordance with the relevant provisions of the Company Law, and the registered capital shall not be less than 500,000 yuan". Therefore, when an enterprise applies for a labor dispatch company to operate a project, it can go directly to the industrial and commercial department for registration without the permission or approval of the labor and social security department, and the business scope should be uniformly approved as "providing labor dispatch services for domestic enterprises".
According to Article 58 of the Labor Contract Law: "The labor dispatch unit is the employing unit referred to 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. " Under the condition of market economy, labor dispatch is a kind of commercial service activity with the nature of social public service and belongs to quasi-public products.
3. Who pays the wages of labor dispatch?
Although the dispatched employees establish labor relations with the dispatching unit, the dispatching unit should pay wages, but in fact the wages are reflected in the dispatching expenses paid by the employer to the dispatching unit. In view of Article 92 of the Labor Contract Law, if the dispatching unit violates the rights and interests of the dispatched employees, the employing unit shall bear joint liability. This includes the situation that the dispatching unit deducts the wages of the dispatched employees. Therefore, it is suggested that the employer directly pay the employee's salary to the dispatched employee to avoid the illegal dispatching unit from escaping.
1. Article 63 of the Labor Contract Law stipulates that dispatched workers have the right to receive equal pay for equal work with employees 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.
2. Article 61 of the Labor Contract Law stipulates that if a labor dispatch unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be implemented according to the standards of the place where the employing unit is located.
3. The Labor Contract Law stipulates that the labor dispatch agreement shall stipulate the amount and payment method of the social insurance premium of the dispatched personnel and the responsibility for violating the agreement. It can be seen that which party pays all kinds of social insurance for the labor dispatch personnel is determined by the labor dispatch company and the actual employer through consultation. However, in any case, the labor dispatch unit or the employing unit must pay various social insurance premiums for the labor dispatch personnel, and cannot shirk and infringe on the rights and interests of the labor dispatch personnel.
The above is related to whether the property management company can send foreign labor services for you. From this, we know that the registered capital for applying for labor dispatch must be above 500,000. At the same time, if the company meets the above conditions, it can increase its business scope.
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