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Difference between third party dispatch and regular employees

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Difference between third party dispatch and regular employees


        

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  • 2024-06-18 01:01:42

    The main differences between the two are as follows:
    1、 The opposite parties of the contract are different. Although both work in the same enterprise or unit, formal employees sign formal labor contracts with the employing enterprise, and dispatched workers sign labor contracts with labor dispatching companies. The opposite parties of the signed labor contracts are different.
    2、 The contract duration is different. The term of an ordinary labor contract may be three months or more, but the labor dispatch unit shall conclude a fixed term labor contract with the dispatched workers for more than two years, and pay labor remuneration monthly.
    3、 Different applications for identification of work-related injuries. If a regular employee suffers from work-related injury during work, the employer shall apply for work-related injury recognition. When a regular employee suffers from accident injury or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, the employer shall apply for work-related injury recognition according to law. If the dispatched workers are injured due to accidents at work in the employing unit, the labor dispatching unit shall apply for the identification of work-related injuries according to law, and the employing unit shall assist in the investigation and verification of the identification of work-related injuries. The labor dispatching unit shall bear the liability for work-related injury insurance, but may agree on the compensation method with the employer.
    Legal basis:
    Article 58 of the Labor Contract Law The labor dispatch unit is the employer referred to in this Law and shall perform the obligations of the employer to the workers. The labor contract concluded between the labor dispatching unit and the dispatched worker shall specify, in addition to the matters specified in Article 17 of this Law, the receiving unit of the dispatched worker, the dispatch period, the job position, etc.
    The labor dispatch unit shall conclude a fixed term labor contract with the dispatched workers for more than two years and pay labor remuneration monthly; During the period when the dispatched workers are not working, the labor dispatch unit shall pay them monthly remuneration according to the minimum wage standard stipulated by the local people's government.

    Sun***

    2024-06-18 01:01:42

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