The specific operation process of labor dispatch

One, business negotiation

1, communicate with the employer, introduce the nature of the company, the characteristics of labor dispatch, labor dispatch can bring the advantages of the enterprise;

2, according to the employer's employment positions and specific conditions, to the site of the field to understand the workplace and labor protection;

3, to understand the composition of the labor force, the monthly salary standards of the labor force, as well as the welfare benefits enjoyed by the 4, to determine whether the business is feasible or not. The monthly salary standard of the personnel and the welfare benefits in the labor unit;

4. Judge whether the business is feasible.

Second, the preparation of the labor dispatch contract

1, according to the specific circumstances of the business negotiations, the preparation of the dispatch contract will be submitted to the employing unit for comments;

2, the timely feedback of the dispatch contract for comments, to determine the text of the contract and the date of signing.

Third, signing the labor dispatch contract

1, the two sides signed the Labor Dispatch Contract;

2, may assist the employing unit to sign the induction contract.

Four, the need to assist or agent

1, according to the actual needs of the employing unit, can act as an agent of recruitment procedures;

2, according to the actual needs of the employing unit, can act as an agent of the copywriting and graphic design of recruitment advertisements, and on behalf of the media release;

3, agent of the recruitment booth for the processing of the matter.

5, personnel registration and training

1, laborers to fill out a duplicate employee registration form;

2, for laborers according to the labor unit and the actual needs of the position of the employment system and job training.

Sixth, laborers are required to provide information

1, the unemployed should provide: unemployment certificate, diploma (junior and senior high school graduates need to hold a skills training certificate), a copy of the ID card;

2, fresh graduates of colleges and universities should provide: Reporting card, employment approval form, household registration or ID card;

3, laid-off staff should provide: employee transfer approval form, entrusted to manage the file contract. Approval form, entrusted to manage the file contract, laid-off certificate;

seven, sign labor contracts

1, to explain to the labor force Hefei Baigang human resources limited company, labor employer, the relationship between the labor force and the relevant situation and to answer the questions of the labor force;

2, the rules and regulations of expatriate labor;

3, fill out the Employee registration form of Hefei Baigang Human Resources Co.

Eight, for hiring and transfer procedures

According to the specific circumstances of various types of personnel, for their relevant procedures.

9, for the insurance procedures

1, the first time the person should provide a copy of the identity card;

2, previously insured persons need to provide the social insurance relationship transfer letter;

3, for the employees who do not provide information, should be issued in duplicate to notify the person.

Ten, for housing fund payment

Eleven, for withdrawal procedures

1, according to the notification form issued by the employing unit, Hefei Baigang Human Resources Co., Ltd. shall issue a certificate of termination of labor relations (triplicate), and hand it over to the person concerned after interviewing with the employee;

2, Human Resources Co., Ltd. shall issue a certificate of termination of labor contract with the certificate of termination of labor contract, The employee with the certificate of termination of labor contract, social insurance relationship transfer letter for the withdrawal procedures;

3, the employee with the certificate of termination of labor contract, social insurance relationship transfer letter to the Hefei Municipal Labor Security Bureau of Unemployment Management Center for registration of unemployment, to the account of the District Labor Security Employment Service Center for unemployment certificate, unemployment benefits.

Expanded Information:

Labor Dispatch Rights Knowledge:

1, the establishment of the labor dispatch company regulations

Labor Contract Law, Article 57 provides that the labor dispatch unit shall be established in accordance with the relevant provisions of the Company Law, the registered capital shall not be less than two million yuan. The Company Law stipulates that the minimum registered capital of a limited liability company shall be RMB 30,000 yuan, and where laws and administrative regulations provide for a higher minimum registered capital, such regulations shall apply, and the registered capital of a labor dispatching company shall not be less than two million yuan, which is a special provision.

2, labor dispatch units and dispatched workers to enter into labor contracts should have what provisions

3, labor dispatch units and dispatched workers to enter into labor contracts of special provisions

In practice, employers for the purpose of avoiding the risk of employment, a large number of use of labor dispatch workers, the rapid development of the form of labor dispatch employment. Some labor dispatch units, in order to avoid the responsibility of the employer, do not agree with the workers on the specific contract term in the labor contract, but take the contract term or employment time agreed in the labor dispatch agreement signed between the labor dispatch unit and the employer as the term of the labor contract.

4, the dispatched workers do not work during the dispatching unit's obligation to pay labor remuneration

The Labor Contract Law stipulates that the labor dispatching unit should enter into a fixed-term labor contract with the dispatched workers for a period of more than two years, but in practice, often the labor dispatch agreement between the labor dispatching unit and the employing unit is only for one year or even less, which results in the dispatched workers becoming unemployed after the expiration of the dispatching agreement, and the dispatched workers have to be sent to the employing unit for protection. In order to protect the interests of the dispatched workers, the labor contract law stipulates that the dispatched workers shall be obliged to pay remuneration to the dispatched workers during the period of no work.

Analysis of legal issues related to the application of labor dispatch by the employer

1. Obligations of the employer

The employer is not an employer in the sense of the labor law, but the dispatched worker actually provides labor in the employer and accepts the employer's management, so the employer is also required to bear the corresponding obligations to the dispatched worker. Article 62 of the Labor Contract Law stipulates that the employer shall fulfill the following obligations:

(1) to implement national labor standards and provide appropriate labor conditions and labor protection;

(2) to inform dispatched workers of their work requirements and labor compensation;

(3) to pay overtime and performance bonuses, and to provide welfare benefits related to the work position;

(4) to provide the dispatched workers with the necessary information and services;

(5) to provide the dispatched workers with the necessary information and services. >

(d) Provide on-the-job dispatched workers with the training necessary for their jobs;

(e) Implement a normal wage adjustment mechanism in the case of continuous employment. In addition, the second paragraph of Article 59 stipulates that "the employing unit shall determine the duration of dispatch with the labor dispatching unit in accordance with the actual needs of the workplace, and shall not divide the period of continuous employment into several short-term labor dispatch agreements."

2, the employer can set up their own labor dispatch unit to the unit or the unit to which the workers dispatched

Some employers, in order to circumvent the law, to set up their own dispatch company, some of the employees re-introduced into the ranks of the dispatched workers. Some enterprises, in order to reduce the cost of labor, divert some of their former regular employees to the labor dispatching company set up by the enterprise in the name of restructuring, and then dispatch them to their original positions in the name of the labor dispatching company, which seriously undermines the interests of the laborers.

3. Return mechanism and legal risks of labor dispatch

The relationship established between the employing unit and the dispatched workers is a labor relationship, not a labor contract relationship. Therefore, when the dispatched workers have legal circumstances that can terminate the labor contract, the employer can not directly terminate the labor contract, but can only return the workers. In practice, many employers think that the flexibility of labor dispatch is reflected in the fact that the workers can be returned at any time, which is wrong.

4, the employer's joint and several liability risk and prevention

The Labor Contract Law, Article 92 provides that the labor dispatch unit in violation of the provisions of this law,...... to the dispatched workers caused damage to the labor dispatch unit and the employer to assume joint and several liability.

Baidu Encyclopedia: Labor Dispatch