How do foreigners act as social intermediaries?

First, what is the nature of assignment?

Expatriate refers to the work that the employer sends to other cities or countries, that is, labor dispatch.

Labor dispatch specifically refers to an economic activity in which a domestic enterprise as a legal person conforms to the provisions of these Measures signs contracts with companies, intermediaries or private employers outside the country (territory) that allow foreign laborers to be recruited or hired, and organizes the recruitment, selection and dispatch of China citizens outside the country (territory) to provide labor services and manage them. Expatriate laborers are also called outsourcing workers, also known as human dispatch, talent leasing, labor dispatch, labor leasing and employee leasing. Refers to the labor dispatch agencies and dispatched workers to conclude labor contracts, pay remuneration, and send them to other places.

Labor dispatch business is a brand-new personnel service business, which can also be called employee assignment and employee lease. With the continuous division of labor, it is a new industry. Labor dispatch can be carried out across regions and industries, and can provide multi-standard, multi-level, flexible and reliable personnel for different enterprises to meet the needs of employers for all kinds of personnel. At the same time, the employer can dispatch all kinds of personnel suitable for the needs of the enterprise through qualified labor service companies according to its own work and development needs. After the implementation of labor dispatch, the employing unit signs a labor dispatch contract with the labor dispatch organization, the labor dispatch organization signs a labor contract with the laborer, and the employing unit signs a labor agreement with the laborer. There is a labor relationship between the employer and the talent leasing service organization, and there is no employment contract relationship.

Second, the obligations of the labor dispatch unit

According to the Labor Contract Law of People's Republic of China (PRC), the labor dispatch unit 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.

The labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts the labor dispatch. 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. The labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement. The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched workers according to the labor dispatch agreement. Labor dispatch units and employing units shall not charge the dispatched workers.

If a labor dispatch unit violates the provisions of this law, it shall be ordered by the labor administrative department and other relevant competent departments to make corrections; If the circumstances are serious, a fine of more than 1,000 yuan and less than 5,000 yuan per person shall be imposed, and the business license shall be revoked by the administrative department for industry and commerce; If damage is caused to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation. Where a labor dispatch unit dispatches workers across regions, the remuneration and working conditions enjoyed by the dispatched workers shall be implemented in accordance with the standards of the place where the employing unit is located.

Third, the right to dispatch workers.

The dispatched workers have the right to equal pay for equal work with the workers of the employing unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located. The dispatched workers have the right to join or organize trade unions in the labor dispatch unit or the employing unit according to law to safeguard their legitimate rights and interests. The dispatched laborer may terminate the labor contract with the labor dispatch unit in accordance with the provisions of Article 36 and Article 38 of this Law.

If the dispatched worker falls under any of the circumstances specified in Item 1, Item 2 of Article 39 and Article 40 of this Law, the employing unit may return the worker to the labor dispatch unit, and the labor dispatch unit may terminate the labor contract with the worker in accordance with the relevant provisions of this Law. Labor dispatch is generally implemented in temporary, auxiliary or alternative jobs. The employing unit shall not set up a labor dispatch unit to dispatch workers to the unit or its subordinate units.

The employing unit shall perform the following obligations:

(a) the implementation of national labor standards, provide corresponding working conditions and labor protection;

(2) Informing the dispatched workers of their job requirements and remuneration;

(3) Pay overtime pay and performance bonus, and provide post-related benefits;

(four) to provide necessary on-the-job training for the dispatched workers;

(five) continuous employment, the implementation of normal wage adjustment mechanism.

The employing unit shall not send dispatched workers to other employing units.

Expatriate is actually what we call labor dispatch, which is different from labor relations and based on labor dispatch contract, so the rights and obligations are stipulated by it.