How to judge whether it is labor dispatch?

Labor dispatch, from your personal point of view: you are related to two units. A unit has a labor relationship with you, signed a labor contract, paid wages, and applied for social security, but you don't sell your labor in this unit (legally called an employer); Another company uses your labor force to manage you, but it has nothing to do with you, and only gives you overtime pay and some benefits (legally called the employer). What is labor dispatch? There will be a labor dispatch agreement between the two units, and the employer will charge the management fee of the employer as the profit of sending you. Labor dispatch is generally only used for some units that don't want to bear the social security of personnel. And avoid some restrictions on employment, and use dispatchers in some temporary and auxiliary positions. However, it should be noted here that the labor contract is not less than two years, and when there is nothing to do, the employer has to pay wages not less than the minimum wage.

Legal objectivity:

Article 58 of the Labor Contract Law of People's Republic of China (PRC) * * * The labor dispatch unit is the employing unit referred to in this Law and shall perform the obligations of the employing unit to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall specify the matters stipulated in Article 17 of the Labor Contract Law of People's Republic of China (PRC), and 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 of the Labor Contract Law of People's Republic of China (PRC) * * * The labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts the labor dispatch (hereinafter referred to as the employing unit).