Do you need a license for agency recruitment?

Legal analysis: According to the regulations on handling labor dispatch licenses, companies or institutions engaged in business activities such as manpower dispatch, talent leasing, labor leasing, employee leasing, etc. need to sign labor contracts with dispatched employees through labor dispatch agencies, and then send employees to the units that need to be dispatched, and the dispatched employers will pay the service fees. All such enterprises must handle labor dispatch business licenses.

Labor dispatch and human resources are different, in which labor services are mainly aimed at low-end laborers, such as security guards and laborers, and meet three characteristics: temporary, auxiliary and substitutable, and the examination and approval of the labor dispatch system is strictly controlled.

legal basis: article 162 of the civil code of the people's Republic of China

a civil juristic act carried out by an agent in the name of the principal within the scope of agency authority is effective for the principal.

article 163 agency includes entrusted agency and legal agency.

the entrusted agent shall exercise the agency right as entrusted by the principal. The legal agent shall exercise the power of agency in accordance with the provisions of the law.

article 171 if the actor still carries out the agency act after he has no agency right, exceeds the agency right or the agency right is terminated, it will have no effect on the principal without ratification by the principal.

the counterpart may urge the principal to ratify it within 3 days from the date of receiving the notice. If the principal fails to make a statement, it shall be deemed as refusal to ratify. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. The revocation shall be made by notice.

if the act committed by the actor is not ratified, the bona fide counterpart has the right to request the actor to perform the debt or request the actor to compensate for the damage suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal ratifies.

if the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.

article 172 if the actor has no agency right, exceeds the agency right or terminates the agency right, and the counterpart has reason to believe that the actor has the agency right, the agency right is valid.