The Shenzhen Labor Dispatch Business License is a designated license qualification that allows the development of labor dispatch-related activities in Shenzhen.,The Shenzhen Municipal Human Resources and Social Security Bureau is responsible for the inspection and issuance。At present, the form of labor dispatch is still relatively common in Shenzhen.,For example, Shenzhen Huawei、SEG Samsung、Shenzhen companies such as SEG Hitachi have used dispatched employees,For large enterprises,Implement labor dispatch while supplementing manpower,It also saves considerable costs for the company。
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.。
[Revocation of license] The labor dispatch unit violates the labor dispatch provisions of the "Labor Contract Law of the Republic",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。
[Legal Responsibilities of the Licensing Authority and its Staff] The human resources and social security administrative department and its staff have any of the following circumstances:,Administrative sanctions shall be imposed in accordance with the law;constituting a crime,Pursuing criminal liability in accordance with the law:
- Issuance of "Labor Dispatch Business License" to applicants who do not meet legal conditions,Or issue a "Labor Dispatch Business License" beyond the legal authority;
- Refusing to grant an administrative license to an applicant who meets the statutory conditions or failing to make a decision on granting an administrative license within the statutory time limit;
- Applying for administrative license、Implementing supervision and inspection work,Neglect of duty、Favoritism and fraud,Asking for or accepting other people's property or seeking other benefits;
- Failure to perform supervisory duties in accordance with the law or ineffective supervision,causing serious consequences。
Licensing authority illegally implements administrative licensing,Causing damage to the legitimate rights and interests of the parties,The parties may legally
Require
compensation。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。
- 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"。
[License extension] The labor dispatch unit needs to extend the validity period of the administrative license,An application must be submitted to the original licensing authority sixty days before the expiration date.,and submit the following materials:
- Application form for renewal of labor dispatch business license;
- Copy of the original "Labor Dispatch Business License";
- Explanatory materials on whether the contents of the original "Labor Dispatch Business License" and other major matters have been changed;
- Explanatory materials on the operation of the labor dispatch management system and whether there are any illegal activities;
- Province、autonomous region、Other materials specified by the municipal human resources and social security administrative department。
The employment method of labor dispatch involves all walks of life,Wider business scope,In order to reduce operating costs, companies in some developed areas use labor on a large scale,It is easy to harm the self-interests of labor workers,Therefore, in order to protect the self-interests of labor workers and supervise the development trend of the labor dispatch industry,,
Require
Labor dispatch companies must apply for a labor dispatch license from the licensing agency in accordance with the law before they can carry out relevant business.。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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