1. The meaning of business outsourcing and labor dispatch.
Business outsourcing refers to entrusting certain business or work links within an enterprise to external professional institutions or individuals. The purpose of outsourcing is to enable businesses to focus on their core business, improve efficiency and reduce costs by outsourcing non-core operations to professional agencies. Outsourcing can involve various business areas, such as IT services, human resource management, financial accounting, etc.
Labor dispatch refers to the dispatch of its employees to other enterprises for work, and the dispatch enterprise signs a labor contract with the receiving enterprise and pays the corresponding labor remuneration. The dispatched employee works at the receiving company, but still legally establishes an employment relationship with the dispatched company. Labor dispatch is often used for temporary, seasonal, or project-specific work to meet the company's flexible staffing needs.
2. The difference between business outsourcing and labor dispatch.
1.Differences in Legal Basis.
Business Outsourcing - Civil Code Contract Edition.
Labor Dispatch - Labor Contract Law
2.Differences in the main body of cooperation.
Business outsourcing - an individual, legal person, or other entity (note: the risk of contracting labor to an individual).
Labor dispatch - a legal entity established in accordance with the Labor Contract Law and the Company Law;The work content is the business or functional activities of the enterprise.
3.Differences in the responsibility of labor management.
Business outsourcing - the contracting unit does not carry out direct management;The form of work organization and working hours shall be arranged and determined by the contractor.
Labor dispatch - The worker must work according to the organizational form and working schedule determined by the employer.
4.Distinction between the subject matter of the contract.
Business outsourcing - generally "things", billed according to the workload.
Labor dispatch - generally "people", settled according to the agreed number of dispatches.
5.Difference in the consequences of violating the law.
Business Outsourcing - The labor contractor shall not be liable for the employees of the labor contractor;Labor outsourcing shall be governed by the Contract Law of the Civil Code, and the breaching party shall use civil liability for compensation in addition to the liability for breach of contract as agreed in the contract.
Labor dispatch - The labor dispatch entity and the employing entity shall be jointly and severally liable for the damage caused by the employee.