What are the modes of enterprise employment? What are their different scopes of application?

As for the various types and legal definitions of enterprise employment, we find that for various reasons, enterprise employment is very diverse and complicated. To put it simply, enterprise employment can be divided into three categories: first, contract workers, factual workers, hourly workers and laborers all belong to labor relations, which are called labor services and actually constitute factual labor relations; Second, labor relations, which is clear in itself, can be divided into two types: one is labor dispatch, and the other is people dispatched between our superior units or subordinate units because of work needs. For example, if a foreign company has M&A abroad, sending China executives to France and Britain is a work dispatch, as are domestic group companies. Many people in the group company send their subsidiaries to work, but the labor relations remain unchanged, that is, they send workers. There is a difference between labor dispatch and labor dispatch. Labor dispatch is to make money and the purpose is to send people. The Labor Contract Law makes it very clear that labor dispatch companies are wholesalers' companies, and they have no jobs, so they will not succeed. The second kind of renters are engaged in fast-moving consumer goods or products to be sold in the market. Many people wear vests on behalf of factories in supermarkets. It may be that the factory hires people to send them directly to the supermarket, or it may not need so many people, and it needs consultants to sign an agreement with the store. You hire a group of people to serve my products, wear my vest, I pay, and I rent your employees. There are many methods; Third, hire workers instead, and give full play to the preheating role of retirees, because there is no need to pay social security; Fourth, interns, KFC McDonald's incident reflects not how hourly workers are, but how interns are. These four kinds of labor relations are clearly defined in law. It's not a labor relationship, it's used by enterprises. Apart from these two kinds, China enterprises hardly have the ability to engage in technological innovation, and they are especially good at coining nouns. We also invented the agency relationship, direct sales relationship and contract relationship, and asked the agent to sell it for me and take as much as I sold it. Direct seller, insurance company salesman, you do insurance business for me, and the contract relationship gives you a living package, which has nothing to do with me, such as a taxi driver. No one can tell whether this confusing legal relationship is a labor relationship or a labor relationship. What if I can't tell? I believe that arbitrators and judges are not as good as me. He can't tell me apart, and no one can tell me clearly. What should I do? According to the principle of benefiting workers, it is handled according to labor relations. Therefore, we are talking about confusing labor relations, but what we can't explain clearly is labor relations. Today, enterprises use the results of mixed labor and diversified labor, which expands the recognition of labor relations.

There are two kinds of relations in judging the employment of enterprises: labor relations and non-labor relations. What is labor relations? There are three elements, which have been clearly stated, so I won't go into details. Labor relations are different from labor relations: firstly, they are equal subjects, and labor relations are very similar to marriage relations, with personal dependence. What do you mean you went there to introduce this is my boss, and when you got married, you said this is my husband and my boss? The county magistrate has the final say, and I will listen to the boss. My husband is a personal item, and he has a personal dependence. Labor relations are an equal subject. For example, if you take a pair of shoes to repair, how to repair them is a matter for the shoemaker. If he doesn't listen to you, you can't evaluate him. Second, labor relations have the contractual nature of tools. When you finish the work, you have to pay. Production tools are the means of production provided by employers. In labor relations, if you want to move, you must bring moving tools. If you want to repair shoes, you have to bring shoes repair tools. The independence of the third process, labor relations do not care about the results. It's none of your business that the handle of the shoe repairer is punctured. If you ask the employees of the company to put shoes on you, it is a work-related injury. As long as the prisoner works regardless of the result, say that the unit has lost money and you have to give me money. This is not the case in labor relations. There are many differences in theory. I guess you still don't understand what I said, because it's difficult to say. On the surface, it is very clear, but when it comes to specific cases, it is very complicated and unclear. What should I do? Not the length of time, but the content of rights and obligations. As long as it meets the three requirements and five evidences, it can be considered as a factual labor relationship. As long as it does not meet the three requirements, it is not a labor relationship without five major evidences. The length of employment is not the key to determine the nature. Whether the rights and obligations of employment are managed and whether the wages are paid is the key. You can't escape the obligations stipulated by law simply by signing a labor service agreement.

How to make good use of temporary workers, seasonal workers and short-term workers? There are three legal channels: one is to sign a short-term contract. Does the Labor Contract Law say how many days is the shortest labor contract? No, it's okay to sign a two-day labor contract, it's okay to sign a five-day labor contract or a three-day labor contract, and it's okay to sign a short-term labor contract, but why don't people want to choose a short-term contract? Because of full-time, I have to go to social security, and I have to go to social security after signing a five-day contract. It can be done legally, but it can't be actually operated; The second way, what if it is really temporary employment, seasonal employment, alternative employment, and unknown sudden employment? A contract to complete a task can be used in three situations: the first contract; Second temporary; What do you mean by the third seasonality and temporality? For example, if a female employee is pregnant and takes four months maternity leave, it can be temporary or full-time employment and enjoy social security. Hourly workers can not take social security. One characteristic of hourly workers is that they can only work four hours a day and no more than 24 hours a week, so they need a lot of labor. Four hours in the morning is Zhang San, four hours in the afternoon is Li Si, and the third morning is Zhang San. It is possible to change one class into two classes.

Labor relations are places where people are employed, interns, seconded workers and laid-off workers are re-employed. Except these four kinds, they can all be regarded as labor relations. If a farmer is used to cooking and falls down, is it a work-related injury or a labor relationship? It is a factual labor relationship. Why? Because farmers have no retirement age, we refer to those who have gone through retirement procedures; Second interns, students who have not graduated from colleges and universities, must have student ID cards and school internship certificates; The third kind of secondment refers to signing a contract with unit A and seconding to unit B for work. We say that labor dispatch is very similar to secondment. The purpose of signing a contract with unit A is to work in unit B, which is a typical secondment. Planned economy is called secondment, and market economy is called labor dispatch. In fact, the meaning is the same, but the wording and packaging are different. Planned economy is called thick-skinned, market economy is called good psychological quality, and the purpose of packaging is to make employees sound bound. Market economy is an exchange economy, and only good people will exchange with you. In the market economy, people say that you are really temperament, which means that you are not beautiful, which is not a good thing. If you are beautiful, say beautiful, not beautiful, ignorant and ignorant. A gentleman is not. In order to get benefits from you, others say that this person has temperament and temperament is uncertain. Secondment means signing a contract with unit A to work in unit B. It is more appropriate to be laid off and re-employed. Layoff refers to maintaining labor relations with the original unit, but not on the job. Re-employment means coming to work with me, including those who have signed internal retirement agreements, those who have not officially retired, including those who have left their jobs without pay, those who do not work in the unit, and those who have started their own businesses, including those who have agreed to maintain labor relations. These people come to our unit to establish labor relations. Except for these four, I don't see anyone who looks like a labor relationship. The second presumption method.

The signing of labor service agreement is based on the application of contract law, the core of which is the content of labor service, the way of completion and the treatment, the key is the termination and default setting, and the attachment is the proof of labor relations. The key is not to confuse the management.

Model enterprise labor service agreement: I think this labor service agreement basically conforms to our understanding of labor relations. Means: Based on Party B's choice: A retiree, B student, C employee in labor relations, D seconder. If it is a labor relationship, you won't get sick pay. If you are injured or sick at work, you will stop your labor relationship during the treatment period, and you will not pay any labor expenses. Article 14 is very important. In case of dispute, it shall be under the jurisdiction of Beijing Arbitration Commission. Finally, there is a clear agreement. Since you have chosen four types of people, you must bring your retirement certificate, student ID card and internship certificate, as well as your labor relationship with your original unit. We believe that this agreement is standardized and meets the legal requirements. We suggest that you use this agreement, because you can't see the characteristics of any labor relations, and completely evade the provisions of the labor law on work-related injuries and treatment of work-related injuries. I hope you can understand that the labor agreement was not signed by the human resources department. Why? This is a civil legal agreement. Do you think everyone employed by your company is under the control of the human resources department? This is controlled by the business department and the legal department. The human resources department only cares about people, and labor relations and Air China should not care. Nokia and China International Airlines have reached an agreement that everything in the human resources department should be audited by the legal department. After the audit by the Legal Department, the Human Resources Department has no responsibility. In China Renmin University, it should be the human resource management of Huangpu Military Academy. However, in the process of human resource management training, there are few labor laws, which makes the people engaged in human resource management in enterprises relatively thin about the law, and the people engaged in law do not understand the labor law, so the two departments cannot be organically combined. We suggest controlling the process.

Labor dispatch and secondment is the most complicated relationship, which is a tripartite relationship, and there is also an employer. Labor dispatch is the focus of employment norms, and there are many reasons for dispatch: wage crime control, labor cost reduction, just different pay for equal work, and personnel outsourcing. Companies within 1 10 don't need to set up human resources department, and the company is growing in the process of outsourcing, and there are no specialized institutions and personnel. Outsourcing company dispatch and corporate social responsibility are the characteristics of state-owned enterprises. If an enterprise wants to lay off100000, the local government will not do it, and the laid-off people will continue to work in the company, sign a labor service agreement and give 800 yuan a month, so as to meet social stability. I predict that after June 65438+1 October1in 2008, the labor dispatch in China will develop greatly, because a large number of enterprises have illegal employment today. What should I do? Legalize labor dispatch first, which is what many enterprises should do.

I'd like to remind you of the legal issues concerning labor dispatch: First, what law is applicable to labor dispatch, the labor contract law or the contract law? Labor dispatch is a quasi-labor relationship, and the labor department must check it according to the labor contract law. We must ask ourselves, why should we use labor dispatch? We are lecturing in Shaanxi, and Xifei said that I am the payroll controller. You can use my employees in a down-to-earth manner, and I won't stop. They are all skilled workers, and the signing is open. If, second, is the labor standard naturally directly applicable to the labor dispatch personnel? Whether the rules and regulations are naturally applicable, whether they can participate in democratic management, how to participate in the layoff policy, and how to remedy the losses caused by employees to enterprises. For example, who will pay for the loss of 654.38 million yuan caused by the unauthorized dispatch of employees? Don't say it now, don't say it is a risk; The third is the protection of trade secrets and the application of non-competition. For example, if it is sent to China Mobile and then sent to China Southern Airlines and China Unicom, the trade secrets are revealed in the process of sending. One of my consulting units sends employees to two companies, and my consulting unit sends labor services to Wrigley and Cadbury. I fainted and sent Cadbury's people to Wrigley. The agreement stipulates that such dispatch is not allowed, and the personnel management of the company is somewhat confusing. There are many such situations, and the dispatching company itself has no jobs. We should solve these problems through dispatch agreement, which should include the following contents: (1) the distribution of responsibilities between employment and dispatch; Division of obligations other than statutory business; Constraints and premises of the code of conduct; Confirmation and assumption of liability for breach of contract; Responsibility investigation and determination of employee's breach of contract. Sending a company to sign an agreement is often in the hope of benefiting him. When signing the agreement, the employer must try its best to separate things that are unfavorable to us.

Internship case, internship has been calm in recent years, and the result was stirred up by the case of KFC McDonald's hourly workers. Students go to the unit for internship and fall during the internship. Is this a work-related injury? If it's not a work-related injury, what is it? Student internship is not a labor relationship and does not sign a labor contract. This time, KFC and McDonald's had a heated discussion with hourly workers.

What is confusing is the probation period. What's the difference between probation period? However, after the establishment of labor relations, but before the establishment of labor relations in the internship period, a student in TBEA, Xinjiang fell during the internship period and filed a lawsuit, demanding that the work injury be recognized. The unit said that it was not our person, and the defense said that it was a probation period. After the defense was handed in, it was legally recognized as a work-related injury. Why? Because you write the internship as a trainee, a word difference, thousands of miles away, the internship has no labor relations, but the internship has labor relations, then you say that the people's court will not pursue it. The people's court mainly looks at the evidence, and whoever advocates it gives evidence. When you say this employee is a trainee, that is a trainee. I'm sorry that the court ruled that this thing was suspended, but you said it was not suspended and you had to produce evidence to the contrary. Since many people here are studying law, it is particularly important to emphasize that you have the right to remain silent and know what you can and cannot say when you speak. If employees are employed during probation or internship, the way to avoid risks is to sign an agreement. Another employee of Huawei committed suicide, which had a great impact on the company brand. Brand recognition is difficult to repair. It is better for him to spend tens of millions on advertising than to die an employee. An employee of Neusoft said that one of our students worked as an intern here and committed suicide when he came back, but not in the company. If he dies in the company, he will be in trouble. Last time I did training, they said that a newly recruited employee had mental problems after three months, and his parents asked him to pay 65438+ 10,000 yuan. Pay special attention when recruiting short-term employees.

Hourly work is not equal to internship, hourly work is flexible employment, internship is not employment, and rights and obligations need to be clarified by signing an hourly work agreement. Let's take a look at the contents of the hourly agreement: this is the catering service provided by our consultant for the Shanghai F 1 Competition. The term of the agreement is three years. The school organizes qualified students to provide services. In the process of operation, we must abide by the rules and regulations, give priority to employment in accordance with the principle of subsidizing poor students, arrange physical examination, and provide work clothes. Pay by the hour after work, and how to terminate the period. This agreement clearly stipulates the rights, obligations and responsibilities of hourly workers. Including the promotion in Wang Ji, they all recruit hourly workers. The only problem to be solved when signing the hourly work agreement is how to cancel it and how to prevent the wind risk.