Industry Information

Human resources outsourcing companiesQualifications must comply with relevant provisions of the Company Law, and registered capital should be no less than 500,000 RMB. If the contracted project planning requires qualification, relevant consent certificates must be obtained. Human resource outsourcing refers to the enterprise outsourcing non-core, auxiliary, seasonal, and irregular production and business processes based on its actual production situation, with the human resources outsourcing company acting as personnel to arrange production according to plans and targets.

Generally, the most qualified and strong HR outsourcing companies are those that did early human resource dispatch. For example, companies like Shanghai Human Resources Outsourcing Network have a complete set of outsourcing qualifications and have extensive experience in outsourcing projects, enabling them to help clients complete important projects effectively.

The legal relationship of human resources outsourcing is governed by relevant laws and regulations of the Contract Law, generally based on mutual agreements, and can refer to the relevant provisions of Chapter 15 of the Contract Law regarding contracting contracts.

Article 251: Boundary Theory

A contract is one in which the contractor completes the work according to the client's requirements, delivers the results, and the client pays the remuneration. Contracting includes processing, customization, repair, imitation, testing, inspection, and other operations.

Article 252: The primary clause of a contract

The content of the contract includes clauses on the contracted subject, quantity, quality, remuneration, contracting methods, provision of materials, implementation period, inspection standards, and methods.

Article 253: Completion of contracted operations

The contractor should use their own equipment, skills, and labor to complete the primary tasks, but the parties still have agreed to be outside. If the contractor entrusts the primary contracted work to a third party for completion, the contractor shall bear responsibility for the effects of the work completed by that third party; Without the client's consent, the client may also terminate the contract.

Article 254: The contractor's responsibilities for auxiliary operations

The contractor may entrust the auxiliary work they have contracted to a third party for completion. If the contractor entrusts the auxiliary work they have contracted to a third party for completion, the client shall bear the responsibility for the results of the work completed by that third party.

Article 255: The contractor's responsibilities for providing materials

If the contractor provides materials, the contractor shall select the materials as agreed and accept inspection by the client.

Article 256: The client shall provide materials and fulfill the responsibilities of both parties

If the client provides materials, the client shall provide the materials as agreed. The contractor shall promptly inspect the materials provided by the client, and if any non-compliance is found, the contractor shall promptly inform the client to replace, supplement, or adopt other remedial measures. The contractor shall not privately replace the materials provided by the client or replace parts that do not require repair.

Article 257: The contractor's duty to file a complaint

If the contractor finds that the drawings or skill requirements provided by the client are unreasonable, they shall promptly inform the client. If the contractor loses the property due to the client's neglect of response or other reasons, compensation for the loss shall be made.

Article 258: Responsibility for changing work requirements midway

If the client changes the requirements of the contracted operation midway, resulting in the contractor's loss, compensation for the loss shall be made.

Article 259: Responsibilities of the client for assisting

If the contracted operation requires help from the client, the client has the responsibility to assist. If the client fails to fulfill their assistance duties, resulting in incomplete contracted operations, the contractor may urge the client to fulfill their duties within a reasonable period and may extend the implementation period; If the client fails to implement the contract within the prescribed period, the contractor may terminate the contract.

Article 260 The contractor bears the responsibility of supervision and inspection

During the operation period, the contractor shall undertake necessary supervision and inspection by the client. The client shall not obstruct the normal operations of the contractor due to supervision and inspection.

Article 261: Quality assurance for inspection

When the contractor completes the work, it shall deliver the results of the work to the client and submit necessary technical documentation and relevant quality certificates. The client shall verify the effectiveness of the operation.

Article 262: Quality does not meet the responsibilities of good quality

If the work delivered by the contractor does not meet quality requirements, the client may require the contractor to undertake breach of contract obligations such as repairs, reworks, reduction of remuneration, or compensation for loss.

Article 263: Payment Period

The client shall pay remuneration within the agreed period. If the deadline for payment is not agreed upon or is unclear, and still cannot be confirmed according to Article 61 of this law, the client shall pay when the contractor delivers the work results; If the operation effect is partially delivered, the client shall pay accordingly.

Article 264: The contractor's right of retention

If the client does not pay the contractor the equivalent payment for remuneration or material fees, the contractor has the right of retention on the completed work results, but the parties still have agreed to be outside.

Article 265: Safekeeping of Materials

The contractor shall properly safeguard the materials provided by the client and the results of completed work. If damage or loss occurs due to poor safekeeping, the contractor shall bear the responsibility for compensation for damages.

Article 266: Confidentiality responsibilities of the contractor

The contractor shall keep confidentiality as required by the client, and shall not retain replicas or technical materials without the client's consent.

Article 267: Contracting together

The joint contractor assumes joint and several duties to the client, but the parties still have agreed to be outside.

Article 268: The client's right of termination

If the client can terminate the contract at any time resulting in loss by the contractor, compensation for the loss shall be made.

The above covers the qualifications and relevant legal regulations for human resources outsourcing companies. If your company is interested in using human resources outsourcing services, you can consult us. We hope we can assist you.