Traditional Culture Encyclopedia - Traditional virtues - What service is labor dispatch?

What service is labor dispatch?

Legal subjectivity:

1 refers to a form of employment in which the labor dispatch unit enters into a labor contract with the dispatched workers, and the workers are dispatched to other employers, and then the employers pay the service fees to the dispatched units. 2. Labor dispatch is a supplementary form of employment in Chinese enterprises, which can only be implemented in temporary, auxiliary or alternative jobs. Temporary work refers to work that lasts no more than 6 months; Auxiliary posts refer to non-main business posts that provide services for main business posts; Alternative work refers to the work that can be replaced by other workers in a certain period of time when the employees of the employer are unable to work due to full-time study, vacation and other reasons. 3. According to the law, the employer's decision to use the auxiliary posts of the dispatched workers shall be discussed by the workers' congress or all the workers, and put forward plans and opinions, which shall be determined through equal consultation with the trade union or workers' representatives and publicized in the employer. At the same time, the number of dispatched workers used by the employing unit shall not exceed 10% of its total employment.

Legal objectivity:

Article 58 of the Labor Contract Law of People's Republic of China (PRC) * * * The labor dispatch unit is the employing unit referred to in this Law and shall perform the obligations of the employing unit to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall specify the matters stipulated in Article 17 of the Labor Contract Law of People's Republic of China (PRC), and 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 of the Labor Contract Law of People's Republic of China (PRC) * * * 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).