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Application conditions for overseas labor dispatch companies
1, which meets the requirements of enterprise legal person;
2. The paid-in registered capital is not less than 6 million yuan;
3, there are more than 3 managers familiar with foreign labor cooperation business;
4, a sound internal management system and emergency handling system;
5. The legal representative has no intentional criminal record.
The differences between foreign-related labor dispatch and domestic labor dispatch are as follows:
1, with different legal nature, foreign-related labor service is only a kind of foreign trade intermediary, and there is no direct labor relationship between the operating company and the laborers; However, in domestic labor dispatch, the labor relationship is formed between the dispatching unit and the workers;
2. The application of law is different. Foreign trade law, bilateral treaties and other laws and regulations are applicable to foreign-related labor services, and also involve the application of international economic law, private international law and international law; Domestic labor dispatch only applies to China's labor laws and regulations;
3, the main qualification requirements are different, foreign labor service cooperation shall be subject to administrative license, and enterprises (operating companies) engaged in foreign labor service cooperation shall obtain foreign labor service cooperation qualifications, and enterprises engaged in foreign labor service shall be approved by the Ministry of Commerce of China to have foreign labor service cooperation qualifications; Overseas employers must be foreigners, that is, one party must be foreign-related.
To sum up, labor dispatch refers to a form of employment in which labor dispatch agencies conclude labor contracts with dispatched workers, and the workers are dispatched to other employing units, and then the employing units pay service fees to the dispatching agencies.
Legal basis:
Article 23 of the Company Law of People's Republic of China (PRC)
The establishment of a limited liability company shall meet the following conditions:
(1) Shareholders meet the quorum;
(2) The capital contribution subscribed by all shareholders in accordance with the Articles of Association;
(3) Shareholders * * * agree to formulate the Articles of Association;
(4) Having a company name and establishing an organization meeting the requirements of a limited liability company;
(5) Having a company domicile.
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