What is the nature of a labor service company?

Legal analysis: the labor service company is an intermediary service company and is managed by the labor and personnel department.

The business of labor service companies is to separate employment from employment, that is, "labor dispatch" (also called "personnel outsourcing" or "talent leasing", etc. ).

The specific forms of labor dispatch are as follows:

1. The dispatching company undertakes a complete set of employee dispatching services, including talent recruitment, selection, training, performance appraisal, salary and welfare, safety and health, etc.

2. Enterprises that need labor dispatch recruit, select and train personnel by themselves, and then the dispatching company signs labor contracts with employees, and the dispatching company is responsible for the salary, welfare, performance appraisal and labor dispute handling of employees.

3. Staff attrition dispatch refers to the transfer of the employer status of employees recruited or hired by enterprises to the dispatching company. The enterprise pays the dispatching expenses of the employees of the dispatching company, and all possible expenses are paid by the dispatching company.

4. During the probation period, the employer will transfer the new employee to the dispatching company, and then carry out the probation period in the form of dispatching. The purpose is that the employer is more secure in the accurate selection of talents, avoiding the error risk brought by the selection test and effectively reducing the personnel cost.

5. The employer and the labor dispatch agency agree on a time period to hire and implement the dispatched talents.

6. Professional and technical personnel employed by enterprises and institutions for a production or scientific research project.

7. Employers use specific time in the evening to obtain urgently needed talents.

8. Dispatch specialized personnel every hour.

9. Dispatch personnel based on Saturday and Sunday.

10 state-owned enterprises and institutions send part or all of the idle personnel to third parties through labor dispatch agencies.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employing unit and the employee may terminate the labor contract through consultation.