Scope of application of labor dispatch license:It is a human capital export enterprise jointly established by the Human Resources Service Project Organization and the Ministry of Social Security.。"Labor Dispatch License" shall be reviewed by provincial authorities,It is one of the licenses approved by the Provincial Ministry of Human Resources and Social Security after investigation and verification。Suitable for various management methods of expatriate workers in standard labor dispatch service projects and human resource output。Divided into Chinese labor dispatch and international labor dispatch。
these past few years,Social and economic development has also achieved certain results,In addition, workers’ awareness of social security continues to strengthen,The form of labor dispatch has been improved。The separation of use and ownership maintains social order to a certain extent,Avoided more labor disputes。
[Legal liability for illegal operations] Any unit or individual without permission,Operating labor dispatch business illegally and without authorization,The human resources and social security administrative department shall comply with the provisions of Article 92 of the Labor Contract Law of the Republic of China.,Order him to stop his illegal behavior,Confiscation of illegal gains,In addition, a fine of not less than one time but not more than five times of the illegal income shall be imposed.;No illegal gains,A fine of up to 50,000 yuan may be imposed。
"Application Form for Labor Dispatch Business License" Company Business License,seal、Articles of Association If the license has not been issued, a "Notice of Pre-approval of Enterprise Name" can be provided. The identity certificate of the legal representative. A report for the newly established company.,Companies established in previous years provide audit reports, a list of office facilities and equipment related to labor dispatch, an information management system related to labor dispatch, a certificate of use of the business site or a house rental agreement or a property rights certificate, a labor dispatch management system,is used to standardize labor contracts、remuneration、social security、工作时间等的规章制度文本 拟与员工签订的劳动合同的样本 拟与用工单位签订的劳务派遣协议的样本 职工花名册 若有集体合同提供集体合同样本〔吊销许可〕 劳务派遣单位违反《共和国劳动合同法》有关劳务派遣规定的,Ordered by the licensing authority to make corrections within a time limit;Failure to correct within the time limit,A fine of not less than 5,000 yuan but not more than 10,000 yuan per person shall be imposed.,and revoked its "Labor Dispatch Business License"。
[Establishment of Foreign-funded Dispatch Unit] Foreign-invested enterprises apply for operating labor dispatch business,It should be a joint venture with a labor dispatch unit in China。Wholly foreign-owned labor dispatch units are not allowed to be established。
Eligibility to apply for labor dispatch license:
- The registered capital must not be less than RMB 2 million yuan;
- Have fixed business locations and equipment consistent with market development;
- Comply with laws and regulations、administrative regulations
Require
Labor dispatch management plan;4、laws and regulations、administrative regulations
Require
other standards。
Materials required for labor dispatch license application:
- Labor dispatch operation approval application report;
- Enterprise business license or "Company Name Approval Notice";
- The company's articles of association and the final settlement report or financial audit report produced by the reporting organization;
- Proven application of the business location and office facilities consistent with the market development、Management information system and other details;
- Identity document of the legal representative;
- Labor dispatch management plan,Contains labor contract、labor remuneration、social insurance premiums、Working hours、rest public holiday、Work discipline and other management system texts related to employees’ legitimate rights and interests;Sample labor dispatch agreement to be signed with labor companies。
What is a labor dispatch license? Labor dispatch is also called human dispatch、Talent leasing、Labor dispatch、Human capital rental、Recruitment,It means that the labor dispatch organization signs a labor contract with the dispatched labor force.,Send employees to other labor companies,A form of employment in which the labor company then pays a service fee to the dispatched organization。
The objective fact of human capital payment arises from the dispatched labor force and the sending company(specific labor force enterprise)middle,The dispatching company must pay a surcharge to the labor dispatch organization,Labor dispatch organizations pay labor remuneration to employees。The difference in wages between dispatched workers and announced employees actually represents the greater safety hazards that exist during the work process.,From the perspective of long-term development trends,Unfavorable to the long-term stability of enterprises with labor force。
- Labor dispatch is "renting" employees' labor force,Employees are still “our own people”,Just "lend it to others" temporarily;Human resources is an intermediary,After the introduction is successful, the employee becomes the "employer's employee"。Labor dispatch is a diversification of labor relations and employment behavior entities.、coordination ability、Flexible new employment methods,Its essence is that the employing company rents human capital from the expatriate organization,Separate employment and management。
① There are three actors in labor dispatch:expatriate organization、Dispatch employees、workforce enterprise。② The overseas organization recruits talents in accordance with the standards and regulations of the employing company,and sign a contract with,Create labor relations:Pay him a salary,Pay social insurance premiums,And apply for other labor and security affairs management:But don’t use employees immediately。③ Labor companies only need to use employees sent by expatriate organizations,Not to sign a contract with,No labor relationship is created。
④ Dispatched employees accept two-way management of their positions by the dispatching organization and the employing company at the same time,As an employee of an expatriate organization,They must achieve the number and quality targets set by the employing company.。The "Labor Dispatch Business License" is valid for 3 years。
For renewal, a written application must be submitted to the licensing authority 60 days before the expiration of the validity period.,and submit the basic operating conditions over the past three years.;The labor dispatch unit submits a written application for renewal of administrative license after the expiration date,Apply according to the new application for labor dispatch administrative license。Guangdong and Hong Kong license plates、Shenzhen Hazardous Chemicals Business License、Shenzhen labor dispatch licenseandShenzhen Charity Foundationapplication services,Assist customers to applyShenzhen travel agency business license、Shenzhen pawn shop business license、Shenzhen auction house license and other mainstream domestic financial licenses,Support enterprises to achieve compliance expansion of cross-border financial business。Also availableODI overseas investment registration、International travel agency registration and other services,Help enterprises expand their presence in international markets。Provide one-stop compliance solutions for enterprises。To learn more,Please contactHong Kong Information Communications Consultant。
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