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Are expatriates regular employees?
The difference between labor dispatch and regular employees
1, the concept is different: dispatching workers means that the employer cooperates with the labor service company, and the labor service company will send personnel to work in the cooperative employer; Formal work refers to the formal labor contract signed by the employer with employees after they are hired in the form of recruitment.
2. The labor relations between them are different: the dispatched workers belong to the labor dispatch company and enjoy the employee benefits of the dispatch company; Regular workers are employees of employers.
3. Labor contracts are signed by different parties: dispatched workers sign labor contracts with labor dispatch companies, and regular workers sign labor contracts with employers.
4. The post nature of the two is different: the dispatched workers are generally temporary and auxiliary posts, and they are generally only responsible for fixed posts, while the regular workers are in accordance with the positions agreed at the time of recruitment, and can also be transferred and rotated according to the company's development and employees' personal wishes.
To sum up, expatriates are not regular employees, and the two are not the same concept.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 58 A labor dispatch unit is an employing unit as mentioned 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.
Article 59
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). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement.
The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements.
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