What exactly does a labor dispatch company do? Can you be more specific?

Labor dispatch refers to a special employment mode in which the labor dispatch unit signs a labor contract with the dispatched workers, and then sends the workers to the employing unit to work in the workplace of the employing unit and accept the command and supervision of the employing unit to complete the combination of labor and means of production.

For example, Company A needs security, and asks Labor Dispatching Company B to send 10 security. A company signs a labor dispatch agreement with B labor dispatch company, and A company pays the expenses of B labor dispatch company on a monthly basis. B the labor dispatch company signed a labor contract with these 20 security guards, paid monthly wages and purchased social security.

The legal relationship of labor dispatch involves three parties, namely, the laborer, the labor dispatch unit and the employer. This creates a triple legal relationship:

First, the labor contract relationship between the labor dispatch unit and the laborer, and the two sides reached a consensus to conclude a labor contract;

The second is the civil contractual relationship between the labor dispatch unit and the employer. The two sides reached an agreement to conclude a labor dispatch agreement, and the labor dispatch unit dispatched workers to the employer;

Third, the actual employment relationship between workers and employers, workers provide services to employers, and employers guide and supervise workers.

Article 57 of the Labor Contract Law stipulates that "the operation of labor dispatch business shall meet the following conditions:

(a) the registered capital of not less than 2 million yuan;

(2) Having a fixed business place and facilities suitable for conducting business;

(3) Having a labor dispatch management system that complies with the provisions of laws and administrative regulations;

(4) Other conditions stipulated by laws and administrative regulations. Engaged in labor dispatch business, it shall apply to the labor administrative department for administrative license according to law; If it is approved, it shall go through the corresponding company registration according to law. Without permission, no unit or individual may engage in labor dispatch business. "

In practice, there are two main legal risks brought by the qualification of labor dispatch units to employers:

1. The employer may bear the legal responsibilities corresponding to the labor relations.

According to the above-mentioned laws and regulations, if the labor dispatch unit does not have the corresponding dispatch qualification, it can be regarded as an employment agency, which leads to the legal consequences of the fact that the laborer directly provides labor services to the employer, thus leading to the formation of a factual labor relationship between the laborer and the employer, and the employer shall bear the legal responsibilities corresponding to the labor relationship.

2. The employing unit knows that the dispatching unit is unqualified and is jointly and severally liable for the losses of the dispatched employees.

In the practice of court trial, if the dispatching unit does not have the qualification to dispatch, and the employing unit knows it, the employing unit shall be jointly and severally liable for the losses of the dispatched employees.

Therefore, when choosing a labor dispatch unit, the employer should strictly examine the qualifications of the dispatch unit through business license or legal investigation, so as to reduce the legal risks brought by it.