Labor dispatch refers to a form of employment in which a labor dispatch agency signs a labor contract with a dispatched worker, dispatches the worker to another employer, and then the employer pays a service fee to the labor dispatch agency.
In order to improve management efficiency, the property management company of state-owned enterprises outsources some positions to professional labor service companies, and the labor service companies hire employees for management. What do we need to pay attention to at this time?
Let's first look at the content of the employment contract. The "Labor Dispatch Contract" signed between the state-owned enterprise property company and the labor dispatch company mainly contains the following contents:
The state-owned property management company outsources some of the positions to the labor dispatch company and hires employees for management, so the labor dispatch contract signed between the state-owned property management company and the labor dispatch company stipulates the dispatch positions. This requires us to note that when a state-owned property company outsources part of its positions to a labor dispatch company, it should clearly stipulate the positions to be dispatched in the Labor Dispatch Contract. If the SOE property management company has not signed a Labor Dispatch Contract with the labor dispatch company, or if the labor dispatch contract has been signed but the position agreement for dispatch is not clear, the labor dispatch agreement is not binding on the SOE property company.
In the Labor Dispatch Contract signed between the property management company of a state-owned enterprise and the labor dispatch company, the working hours of the dispatched employees are generally divided into two situations:
1.The working hours of regular employees are 8 hours a day, and overtime pay and annual leave shall be implemented in accordance with relevant national laws and regulations.
2.The working hours of dispatched employees are "three shifts" (i.e., day, middle and night shifts), and if there is overtime, overtime pay is calculated according to the provisions of the labor law.
In order to avoid disputes, it is recommended that the working hours of the dispatched employees be clearly stipulated when signing the labor contract. In the event of a dispute, the working hours can be agreed upon according to the actual situation.
Who pays the wages of dispatched employees, and how much, how and when is the remuneration paid? If the dispatched worker has an employment relationship with the employer, but it is stipulated in the Labor Dispatch Contract that the labor remuneration will be paid by the labor dispatch company, there may be risks.
According to Article 66 of the Labor Contract Law of the People's Republic of China, "the employer shall perform the following obligations: (1) implement the national labor standards and provide corresponding labor conditions and labor protection; (2) Inform the dispatched workers of their work requirements and remuneration; (3) Pay overtime pay and performance bonuses, and provide benefits related to the job;
According to Article 63 of the Social Insurance Law and Article 4 of the Interim Provisions on Labor Dispatch, a labor dispatch entity shall pay social insurance premiums for the dispatched workers in accordance with the law. Therefore, the state-owned enterprise property management company, as the employing unit, should stipulate in the Labor Dispatch Contract signed with the labor service company that it shall pay social security fees for the dispatched workers.
The labor dispatch contract shall include the content of labor discipline, including working hours, rest and vacation, labor protection, working conditions, occupational hazard protection, etc. In terms of working hours, rest and vacation, the labor dispatch contract shall specify the specific provisions on the working hours, rest and leave of the dispatched employees, and implement them in accordance with national regulations. In terms of labor protection and protection against occupational hazards, the labor dispatch contract shall specify the safety, health and occupational health standards to be implemented by the dispatched employees, as well as other measures to protect the safety and health of workers and prevent occupational hazards.
In addition to the above, other contents can also be stipulated in the labor dispatch contract. Such as: work remuneration, insurance benefits, training, labor protection, working conditions, etc. It should be noted that these contents should be determined by the labor dispatch company and the dispatched employee through consultation.