[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.。
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。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。
[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。[Extension decision] The original licensing authority shall based on the application of the labor dispatch unit,Make a decision on whether to grant extension before the expiry of the validity period;No decision has been made after the due date,deemed to be extended。
The labor dispatch unit has any of the following circumstances:,Not to be extended:
- Failure to submit labor dispatch report after due date,Ordered to correct twice,refuse to correct;
- Submitting false labor dispatch business reports,ordered to correct,refuse to correct;
- Due to violation of labor security laws and regulations,Received more than two administrative penalties within one administrative licensing period;
- law、regulations、Other situations stipulated in regulations。
[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〔劳务派遣单位违法责任〕 有下列情形之一的,according to law、Penalties imposed by regulations。
law、Not stipulated in regulations,Ordered by the licensing authority to make corrections within a time limit,give warning,and impose a fine of not more than 10,000 yuan;Serious circumstances,A fine of not less than RMB 10,000 but not more than RMB 30,000 shall be imposed:
- without permission,Changing permission matters without authorization;
- 、alter、reselling、rent、Lending "Labor Dispatch Business License",Or illegally transfer the "Labor Dispatch Business License" in other forms;
- Concealing the true situation or submitting an application with false materials or obtaining an administrative license for labor dispatch;
- to deceive、Obtaining administrative license for labor dispatch through improper means such as bribery;
- Failure to submit the labor dispatch annual business report after the due date or submitting a false labor dispatch annual business report,Ordered to make corrections within a time limit,refuse to correct。
- The dispatch company is responsible for the wages and social security of labor dispatch employees.,The receiving company is responsible for the wages and social security of the employees introduced by the human resources agency.。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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