Industry Information

Regarding thisHuman resource outsourcingMany people may not be able to distinguish between human resource dispatch and human resource dispatch. According to the law, human resource outsourcing is defined as an operational method under the law, while human resource dispatch is merely a clear employment method under the Labor Contract Law. There is a fundamental difference between the two. So, besides the legal differences, what other differences are there? Next, let's briefly introduce it to everyone.

First, let's look at the definitions of the two:

Human resource outsourcing refers to enterprises outsourcing certain internal affairs or functional tasks to relevant institutions, which then organize personnel to complete the corresponding tasks or functional tasks according to the enterprise's requirements.

Human resource dispatch refers to a method in which the employing unit signs a human resources dispatch agreement with the dispatching agency, and the agency sends personnel to the employing unit to carry out tasks organized by the employing unit.

The commonality between human resource outsourcing and human resource dispatch is that neither the employing unit nor the contracting unit signs a labor contract with the employee.

Next, let's look at their differences, mainly in the following aspects:

1. Human resources outsourcing units can be individuals, legal entities, or other entities. (I do not advocate outsourcing to individuals; in practice, personal outsourcing is often ruled as a labor relationship.)

Human resource dispatch agencies must strictly comply with the Labor Contract Law, be established in accordance with the relevant provisions of the Company Law, and have a registered capital of no less than 500,000 yuan. All completed operations are part of the enterprise's affairs or functional activities.

2.Human resource outsourcingGenerally, settlement is based on the pre-confirmed unit price of labor and the completed work volume of the labor contractor, with the contract subject generally being a "matter"

Human resource dispatch generally settles costs according to the timing and cost standards of dispatch, and the agreed number of people to be dispatched. The contract subject is usually "people."

3. Different entities responsible for labor management. This is the main difference between the two.

The contracting enterprise does not directly manage the employees of the labor contracting unit; the method of work organization and the timing of the operation shall be confirmed by the labor contracting unit itself

Employees of human resources dispatch agencies must organize their work according to the work organization methods and times confirmed by the employing unit.

4. Different applicable laws and regulations. Human resource dispatch is governed by the Labor Contract Law, while human resource outsourcing is subject to the Contract Law.

5. The consequences of breaking the law are different.

The labor subcontracting unit does not assume any responsibilities for the employees of the labor contractor unit. Human resources outsourcing is governed by the Contract Law. In addition to bearing the contractually agreed breach duties, the breaching party is liable for civil compensation.

In human resource dispatch, if damage is caused to the dispatched worker, the dispatching agency and the employing unit shall bear joint and several liability for compensation according to the Labor Contract Law.

That's allHuman resource outsourcingFive differences from human resource dispatch. If you have any questions, please consult our official website. RunTay Human Resources looks forward to serving you.