The difference between labor service company and labor dispatch company

Legal analysis: 1. Basic difference: labor dispatch company does not participate in the labor process after sending out labor dispatch workers. And the service personnel of the labor service company provide labor for the contracting unit.

2, the name of the contract: labor dispatch company and the actual labor unit should be in accordance with the relevant provisions of the labor contract law signed labor dispatch agreement, labor service company for the contract name and no special requirements of the law.

3, the relationship with the labor provider is different: the labor dispatch company and the workers have a labor relationship, while the labor service company has no direct relationship between the workers and the contractor.

4. Different management authority over the labor service provider: in a labor dispatch company, the actual employer directly assigns work tasks to the labor dispatch workers. The service personnel of the labor service company accept the work arrangement and supervision and command of the contractor.

5. Different business fields of application: labor service is generally applied to the non-core business fields of enterprises, and the business fields of labor dispatch need enterprises to directly carry out work arrangement and command and supervision in the process of work on the staff due to various reasons, which cannot be or is inconvenient to have a third party to exercise on behalf of the enterprise.

Legal Basis: The Law of the People's Republic of China on Labor Contracts

Article 58 The labor dispatching unit is the employer referred to in this law and shall perform the obligations of the employer to the workers. The labor contract concluded between a labor dispatching unit and a dispatched worker shall, in addition to the matters stipulated in Article 17 of this Law, contain the employing unit of the dispatched worker as well as the duration of the dispatch and the job position.

The labor dispatching unit shall enter into a fixed-term labor contract with the dispatched worker for a period of more than two years, and shall pay the labor remuneration on a monthly basis; during the period in which the dispatched worker is not working, the labor dispatching unit shall pay him or her on a monthly basis, in accordance with the minimum wage standard set by the people's government of the place where he or she is working.

Article 59 A labor dispatching unit that dispatches workers shall enter into a labor dispatch agreement with the unit that accepts the dispatch of workers (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of positions and personnel to be dispatched, the duration of the dispatch, the amount and manner of payment of labor remuneration and social insurance premiums, as well as the responsibility for violation of the agreement.

The employer shall determine the period of dispatch with the labor dispatch unit according to the actual needs of the job, and shall not divide the period of continuous employment into several short-term labor dispatch agreements.

Article 60 A labor dispatching unit shall inform the dispatched workers of the contents of the labor dispatch agreement.

The labor dispatching unit shall not withhold the labor remuneration paid by the employing unit to the dispatched workers in accordance with the labor dispatching agreement.

Labor dispatching units and employing units shall not collect fees from dispatched workers.