Which is better for companies to use outsourcing or human resource dispatch?

2023-03-01 15:28:06

With the rise of market-oriented employment reforms, the employment methods of the main stream in enterprises are gradually forming three main employment methods: contract employment, human resource dispatch, and human resource outsourcing. Among them,Human resource dispatchHuman resource outsourcing is highly favored by manufacturing, service industries, and enterprises with large labor demands. First, it can quickly solve bulk labor demands and provides flexibility in completing employment tasks.

1. Human resource outsourcing involves outsourcing some non-core business of an enterprise to a third-party human resources company, thereby integrating and utilizing both internal and external specialized resources, aiming to reduce costs, improve efficiency, and maximize the company's core strengths. This is a labor method that maximizes the company's core advantages.

 》Three Methods of Contacting in Human Resource Outsourcing 

In the legal contact of human resources outsourcing, there are three parties: the contracting unit, the outsourcing unit (contracting unit), and the laborer.

1. The connection between the outsourcing unit and the laborer. The outsourcing unit and the worker have direct employment contacts, and there may be employment or labor connections between the two parties. No mandatory rules have been established regarding this decree, and it is up to negotiation between the outsourced unit and the employer.

2. The connection between the outsourcing unit and the contracting unit. The contracting party and the outsourcing unit are contractually connected, and each party assumes corresponding rights and responsibilities due to the business outsourcing contract they conclude. Generally speaking, in human resource outsourcing, the client pays the fee and buys the outsourced company's labor performance. In nature, it is closer to a contract contract. According to Article 251 of the Contract Law: "A contract is a contract in which the contractor completes the work according to the client's requirements, delivers the results of the work, and the client pays remuneration." "Through the contract contract, the civil legal relationship between the contracting party and the contractor is ensured and concluded regarding the delivery of business effects and payment of remuneration. Contractors are not only responsible for signing contracts, paying wages, and ensuring proper payments, but also must handle a series of duties such as handling employee services, controlling labor processes, and controlling the quality of final product and service services. Through civil legal coordination between the contractor and the client, labor service connections are adjusted, so the contracting party is no longer involved in issues such as social security, welfare, or overtime pay for contracted workers. While labor costs are reduced, labor disputes are largely avoided.

3. Communication between the contracting unit and the laborer. In terms of legal connections alone, there is no connection between the two. The laborer only needs to provide the labor performance required by the contracting party. The contracting unit has no authority to handle the worker's affairs unless there is intent or gross negligence, and the contracting unit does not have to assume any responsibilities toward the laborer.

2. Human resource dispatch refers to the signing of a labor contract between the dispatching agency and the dispatched laborer, in which the dispatched worker provides labor to the requesting enterprise. The labor contract relationship exists between the dispatching agency and the dispatched laborer, but the actual payment of labor power occurs between the dispatching worker and the requesting enterprise. The most obvious feature of human resource dispatch is the distinction between hiring and utilizing labor force.

 》Three methods for human resource dispatch and communication 

1. The connection between the human resources dispatch agency and the dispatched laborer. Under the human resources dispatch employment model, workers sign labor contracts with the dispatch agency, establishing labor contact between both parties. According to Article 58 of the Labor Contract Law, "A human resources dispatch agency is an employer as defined in this law and should exercise the employer's responsibilities toward the employer." This clause clarifies that employers of human resources dispatch agencies must bear responsibilities such as compensation for laborers and social stability. However, this labor relationship differs from normal labor connections; human resource dispatch agencies do not actually employ laborers but instead dispatch them to actual labor enterprises.

2. The connection between human resources dispatch agencies and practical labor employment enterprises. In human resource dispatch, the dispatching agency signs a human resources dispatch contract with the employing company, agreeing on the rights and responsibilities of both parties. In the contract, the dispatching agency's main responsibility is to supply qualified workers who meet the employing unit's requirements to the employing unit, while the employing unit's responsibility is mainly to pay service fees to the dispatching unit. This agreement meets the basic characteristics of civil contracts, establishing a civil contract connection within civil law and law between the two parties. Through this approach, employers shift part of their employment responsibilities to the human resources dispatch agency, setting up differentiated compensation and benefits systems to reduce labor costs.

3. Practice the connection between employing enterprises and workers. In human resource dispatch contacts, workers practice performing labor activities at the employing enterprise and accept the processing from the employing enterprise. According to the human resources dispatch agreement, the practical employment unit obtains the right to manage and utilize the laborer, who supplies labor to the practical labor enterprise, but there is no labor connection between the two sides.