What do you mean by overseas labor service?

Labor dispatch is generally sent to China by the employer, but when necessary, the dispatched personnel may be sent overseas for employment. This situation is called overseas labor dispatch. Of course, interests can be negotiated. Therefore, I would like to introduce to you what is overseas labor dispatch and its related knowledge, hoping to help you solve the corresponding problems.

1. What is overseas labor dispatch?

Overseas labor dispatch refers to sending China employees abroad. Labor dispatch, also known as manpower dispatch, talent lease, labor dispatch, labor lease and employee lease, refers to a form of employment in which labor dispatch agencies conclude labor contracts with dispatched workers, dispatch workers to other employing units, and then the employing units pay service fees to the dispatching agencies. The fact of labor payment occurs between the dispatched worker and the dispatched enterprise (the actual employing unit). The dispatched enterprise should pay the service fee to the labor dispatch agency, and the labor dispatch agency should pay the labor remuneration to the worker.

Second, what should expatriate workers pay attention to?

1. What enterprises can send employees abroad?

(1) An enterprise that has obtained the qualification certificate of foreign labor service cooperation, which is what we often call foreign labor service cooperation enterprises.

(2) Enterprises that have obtained the qualification certificate of foreign contracted projects, that is, we often say foreign contracted projects enterprises.

Only when an enterprise has one of these two qualification certificates can it send laborers abroad, otherwise it is illegal to send them abroad.

2. What should laborers pay attention to before going abroad to work?

(1) First, check the enterprise qualification of the labor service company. Only enterprises that meet the above two conditions are eligible to send employees abroad. Secondly, we should pay attention to whether the business license of the enterprise belongs to the scope of foreign labor services.

(2) Sign three contracts before going abroad. One is the labor service cooperation contract signed by labor service companies and overseas employment enterprises. Another is the "service contract" signed by migrant workers and labor service companies; The third contract is the employment contract signed between the laborer and the foreign employer.

Even if you are sent to work abroad, you must abide by the laws of China. Labor contracts and working hours must meet the legal requirements of China.

3. How to determine labor relations?

When employees working abroad renew their labor contracts, they are usually unable to sign an agreement to renew the labor contracts on the spot. The employer will choose to discuss relevant matters with the workers by email or other means, and the workers will reply by SMS or other means. These text messages, emails, etc. Can be used as evidence to confirm labor relations.

3. What responsibilities should the labor dispatch unit bear?

1. The employing unit shall file the situation of using the dispatched workers and the dispatch agreement with the human resources and social security department, and be responsible for the daily management of the workers in the unit.

2. Check the labor dispatch unit registration certificate, employee identity certificate, labor contract and other materials of the labor dispatch unit, and sign a labor dispatch agreement with the labor dispatch unit.

3. The employing unit shall inform the workers of their job requirements and remuneration, pay overtime pay and performance bonus, and provide relevant welfare benefits. Mainly, the employer shall, in accordance with the provisions of the Labor Contract Law, implement equal pay for equal work for dispatched workers and non-dispatched workers engaged in the same kind of work and implement the same wage and welfare system. If the employing unit has no non-dispatched workers of the same kind, it shall be determined with reference to the labor remuneration of workers in the same or similar positions in the place where the employing unit is located or in the industry. Continuous employment, the implementation of the normal wage adjustment mechanism.

4 to provide conditions to ensure that the dispatched workers participate in the collective wage negotiation of the employer according to law, and establish a normal wage adjustment mechanism.

5. The employing unit shall pay wages, social insurance and other related labor costs to the dispatching unit in accordance with the labor dispatch agreement, and indicate it on the payment voucher.

6, workers in the dispatch period of work-related injuries, the employer shall assist the dispatch unit to do a good job in the identification and declaration of work-related injuries. According to the relevant provisions of work-related injury insurance and labor dispatch agreement, pay work-related injury insurance benefits to employees who have work-related injuries.

7. If it is really necessary for the employing unit to implement the special working hours system when using the dispatched workers' posts, it shall report to the human resources and social security department, and inform the labor dispatching unit and the dispatched workers at the same time.

According to the law, overseas labor dispatch refers to sending employees from China to other countries. The employing unit shall dispatch enterprises to pay service fees to the labor dispatch agencies, and the labor dispatch agencies shall pay labor remuneration to the workers. The above is to bring you the relevant knowledge about what overseas labor dispatch is.