Many people will The company is confused with the intermediary company. Today, I will teach you how to distinguish between the labor dispatch company and the intermediary company.
Let's take a look at a small case:
Xiao Zhang is an operator of a clothing factory. The clothing factory made layoffs due to economic problems, and Xiao Zhang lost his job. In order to find a job as soon as possible, Xiao Zhang found a local employment agency. After paying the relevant fees, the two parties signed a contract. The agency introduced several jobs to Xiao Zhang, but for various reasons, Xiao Zhang didn't like it.
It seems almost a month ago, but the job has not been settled yet. Xiao Zhang began to feel a bit flustered, so he was looking for related jobs on the Internet. Inadvertently, Xiao Zhang found that the Labor Contract Law said The institution shall sign a labor contract with the worker, and the salary paid during the period when the worker is not working shall not be lower than the minimum wage standard.
In response to this finding, Xiao Zhang consulted professionals to find out what the difference is between labor dispatch and job introduction.
1. Different legal relations:
The main difference between employment agency and labor dispatch is that there is no labor relationship between employment agency and workers, and employment agency is an intermediary behavior in nature; However, under the provisions of the Labor Law of the People's Republic of China (hereinafter referred to as the Labor Law) and the Labor Contract Law, the labor dispatch unit establishes labor relations with workers, and then dispatches workers to the employing unit for labor. There is no general labor relationship between workers and the employing unit.
2. There are differences in the payment of fees and remunerations. In the employment agency, except for the agreed free payment, the laborer and the employing unit shall equally bear the intermediary remuneration to the employment agency; In labor dispatch, dispatched workers receive wages equivalent to the labor services provided by them from the labor dispatch unit. During the period when the workers are not working, the labor dispatch unit still needs to pay wages to the workers according to the minimum wage standard. In addition, as an employer using dispatched workers, it should pay corresponding labor costs to the labor dispatch unit.
3. The nature of the contract signed is different:
In the employment introduction, the relationship between the employer and the employment agency and between the worker and the employment agency is a kind of intermediary relationship. The corresponding employment introduction contract or employment intermediary contract signed refers to the intermediary contract mainly subject to the contract law. In the labor dispatch relationship, a labor dispatch contract is signed between the sending unit and the receiving unit to stipulate the rights and obligations between the sending party and the receiving party; The labor contract signed between the laborer and the dispatching unit is mainly subject to the Labor Contract Law and other laws.
4. Different legislative restrictions:
In the employment agency, the employer can be an organization engaged in dispatching. It is within the scope of law to recruit employees through the employment agency and then dispatch the employees; In the labor dispatch relationship, according to the provisions of the second paragraph of Article 62 of the Labor Contract Law, "the employing unit shall not dispatch the dispatched workers to other employing units."
After reading it, I believe you can clearly distinguish between labor dispatch companies and intermediary companies. From the content of the appeal, we can see that if you want to find a job, it is more reliable to choose a labor dispatch company than an intermediary company.
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