Notes on labor outsourcing contracts

Question 1: What matters should be paid attention to when signing a labor contract? Labor Contract Contract Template Labor Contract Contract Issuing Party (Party A): Contractor (Party B): Hereby Party B is contracting the decoration project contracted by Party A. , In accordance with the provisions of relevant laws and regulations, and in combination with the specific circumstances of this project, Party A and Party B have reached an agreement on the basis of equality and voluntariness, and have reached the following terms, which they will jointly abide by and implement. 1. Project Overview: 1. Project Name: 2. Project Location: 3. Contract Content: Workload List. 4. Contract scope: plumbers, carpenters, painters, and bricklayers. 5. Contracting method: Cleaning work is contracted, and power tools and spare parts are provided by Party B. 6. Quality requirements: GB50210-2001 "Quality Acceptance Standard for Building Decoration and Renovation Projects", DB31/30-2003 "Acceptance Standard for Residential Decoration and Renovation Projects". 7. Construction period requirements: year month day to year month day. 2. Party A’s work: 1. Party A appoints a representative stationed at the construction site to be responsible for the performance of matters related to this contract, to be fully and fully responsible for the management of the site, and to supervise Party B’s project quality, progress, materials, safety and civilization, etc. ,examine. 2. Responsible for providing temporary water and electricity to Party B. 3. Party B’s work: 1. Party B is the construction site representative and is permanently stationed at the site. He is responsible for performing his duties within the scope of the contract, organizing construction according to Party A’s requirements, ensuring quality and quantity, completing construction tasks on schedule, and obeying the instructions of Party A’s construction site representative. Supervision and management. 2. Do a good job in cross-cooperation between relevant types of work within the contract scope. Party B is responsible for the protection of finished products before completion acceptance and key delivery. 3. Without the consent of Party A, the original building structure or equipment pipelines shall not be dismantled or modified without authorization. 4. Agreement on quality: 1. Party B must strictly carry out construction in accordance with Party A’s requirements and construction drawings, practice instructions and design changes. The quality of the project shall meet the requirements of the construction contract and relevant quality acceptance specifications (GB50210-2001, GB50303-2002, GB50242 -2002, GB50327-2001, etc.) as the quality assessment and acceptance standards for this project. 2. If the quality is unqualified or fails to pass acceptance due to reasons that are Party B's responsibility, the rework costs will be borne by Party B and the construction period will not be postponed. 3. If the quality of the project is affected due to unqualified quality of materials supplied by Party A, the rework costs will be borne by Party A and the construction period will be postponed. 4. The warranty period of this project is one year, and the quality warranty period starts from the date of completion and acceptance. If quality problems occur during the warranty period, Party B must perform warranty responsibilities free of charge. 5. Agreement on the construction period: 1. If the construction period is affected because Party A cannot pay Party B the project progress payment as agreed, the construction period will be postponed. 2. If the construction period is affected by unreasonable stoppage or delays due to Party B's responsibility, the construction period will not be postponed. 3. The construction period will be postponed due to force majeure factors such as the owner. 6. Agreement on price and settlement: 1. Both parties agree on the contract price of this project contract in Yuan (RMB). 2. This contract price includes labor costs, machinery costs, entry and exit, garbage removal, material freight, etc. 3. Payment method: a. Within 8 days after the start of construction, Party A shall pay 30% yuan as Party B’s early entry fee. b. After the concealed acceptance of the water and electricity project, Party A will pay 30% yuan. c. After the acceptance of the brickwork, wood base and wood veneer, and when the painter comes into the site, Party A will pay 15% yuan. d. After passing the completion acceptance, Party A will pay 20% yuan. e. The balance of 5% yuan will be settled after the one-year warranty expires. 7. Agreement on materials: 1. Party A is responsible for contacting the owner to provide Party B with the materials required in a timely manner and arriving on time. After being inspected and put into the warehouse by Party B, Party B will be responsible for safekeeping. If damage is caused due to improper storage by Party B, Party B shall compensate according to the price. 2. Party B must use materials (including temporary electricity) within the budget quota. Material loss is calculated according to the quota. Unreasonable material consumption that exceeds the budget shall be borne by Party B and shall be deducted from the contract price accordingly. 3. Party B shall not misappropriate any materials provided by the owners entering the site without authorization. 8. Agreement on production safety: 1. Party A and Party B shall sign a separate safety agreement as an attachment to this contract and shall have the same legal effect as this contract. 2. Party B must strictly abide by the rules and regulations of Party A and the property management department, as well as the requirements for civilized sites and safe production. 3. Party B must strictly abide by the terms of the safety agreement and strictly prohibit violations of laws and disciplines at the construction site. 9. Agreement on liability for breach of contract: 1. Party B must complete this construction task by itself, and Party B is strictly prohibited from subcontracting or subcontracting this project again. 2. If the construction period is delayed due to reasons that are Party B's responsibility, Party B will pay Party A liquidated damages in Yuan for each day of delay.

3. Party B must purchase personal insurance for the workers entering the construction site. If a safety accident occurs during construction and causes personal injury or property loss, Party B shall bear the financial compensation liability. ......>>

Question 2: What are the precautions when signing a labor contract with the outsourcing company, and the precautions with the employer, and the precautions between the three. 20 points Notes on labor dispatch contracts:

1. Dispatch content

The labor dispatch contract should specify the employer of the dispatched worker, the dispatch period, the job position, etc.

2. Contract period

Labor dispatch units shall enter into fixed-term labor contracts of more than two years with dispatched workers.

3. Cost Issues

1. Labor dispatch units should pay labor remuneration on a monthly basis;

2. During the period when dispatched workers are not working, labor dispatch The unit shall pay them monthly remuneration in accordance with the minimum wage standards stipulated by the local people's government.

3. If a labor dispatch unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be based on the standards of the location of the employing unit.

4. Labor dispatch units and employers shall not charge fees to dispatched workers.

4. Social insurance issues

Labor dispatch units should pay social insurance for dispatched workers in accordance with the provisions of the law.

Question 3: What is the difference between signing a contract with an outsourcing company and being a regular employee? Outsourcing employees have relatively higher wages, but their benefits are very poor, with almost no year-end bonus, because the company you work for pays your outsourcing company monthly based on your salary + the outsourcing company's management fee. How can you think about your benefits? It will all be paid out of the outsourcing company’s management fees, which won’t be much. Outsourcing companies are generally unstable. You can leave your job at any time after being no longer needed by the company. However, being sent to the next company depends on whether there is a suitable position and an interview. In outsourcing companies, five insurances and one housing fund are provided based on the minimum wage. Working in a company is different from being a regular employee in all aspects. You may have a temporary access card used in the company, and you don’t have any benefits. You just come here to work. So you need to think carefully about working in an outsourcing company. I hope this helps you.

Question 4: Can enterprises and individuals sign labor outsourcing contracts? Hello, the labor outsourcing contract you signed does not have legal effect, and the workers will be recognized as employees of your company. After a dispute occurs, you can first negotiate with them to resolve it. If negotiation fails, it can be resolved through judicial channels.

Question 5: What is the difference between labor outsourcing and labor dispatch? To put it simply

The main difference is who the employee signed the labor contract with

If the company's employee labor contract is signed with a labor service company, it can be considered a labor dispatch

Labor dispatch generally includes the basic work of labor outsourcing.

If the company’s employee labor contract is signed with its own company and only outsources the basic operational work of the human resources department to a labor service company, it can be considered labor outsourcing

Question 6 : How long is the term of a labor dispatch contract, and what is the difference between it and labor outsourcing? Lawyer Jiang Hua answered: Hello, I am very happy to answer your questions about labor dispatch contracts. Labor dispatch means that the dispatching unit signs an agreement with the employer and dispatches the workers who have signed a labor contract with the employer to provide labor. In labor dispatch, the labor contract relationship exists between the dispatching unit and the dispatched workers, but the fact of labor payment occurs between the dispatched workers and the employer. The most significant feature of labor dispatch is the separation of employment and use of labor. Labor dispatch, also known as labor dispatch or talent dispatch, labor leasing, or talent leasing, refers to a labor contract signed by a dispatch agency and dispatched workers, and the dispatched workers pay labor services to the dispatching enterprise. The labor contract relationship exists between the dispatch agency and the dispatched workers. However, the fact of labor payment occurs between the dispatched workers and the dispatching enterprise. The most significant feature of labor dispatch is the separation of employment and use of labor. Labor dispatch agencies are different from employment agencies. They become a party that signs labor contracts with workers.

To put it simply, the labor relationship between the worker and the unit he works for is not a labor relationship, but a labor relationship with another specialized unit such as a talent agency. The talent agency then sends him to work for the employer, and the employer signs a dispatch agreement with the talent agency. Labor dispatch is also called employee leasing. That is, the employer proposes to the labor dispatch company the standard conditions, wages and benefits of the personnel to be used based on the actual needs of the work. The company searches for qualified personnel by querying the labor database information and various recruitment reserve talent centers. Strictly screen and send the list of personnel to the employer, who then selects and confirms. Then the employer and the dispatch company sign a labor leasing (dispatch) agreement, and the dispatch company signs an employment contract with the hired person. If you are not satisfied with the above answers, please feel free to call us for consultation at any time.

Question 7: What should the labor service company pay attention to when signing a contract with the factory? After the user determines the method of overall outsourcing of human resources management, before choosing a dispatch agency for cooperation, it generally focuses on the following main aspects: 1. The qualifications and registered capital of the labor dispatch unit when the employer selects a labor dispatch unit. , first of all, the qualifications of the dispatching unit must be reviewed to confirm that it is indeed an enterprise registered in accordance with the law and has independent legal personality. At the same time, in accordance with the provisions of the "Law", the registered capital of a labor dispatch enterprise shall not be less than 500,000 yuan; 2. The management service concept of the labor dispatch unit The corporate philosophy embodies the values ????and code of conduct of an enterprise. Choosing to cooperate with a labor dispatch unit that has cultural concepts that are in common with the employer's own is very important for achieving the goals and objectives of labor dispatch and for good communication and cooperation during the labor dispatch implementation process. 3. The industry background of the labor dispatch unit. The employer should pay attention to the brand and position of the labor dispatch unit and its managers in the industry, the depth of professional knowledge, the service to major customers and the management of dispatched workers. Situation; 4. Quality of employees in labor dispatch units. The professional level of employees in labor dispatch units and the accuracy of their grasp of national labor policies are directly related to the standardization of labor dispatch management implementation. At the same time, they are also based on the employment during the labor dispatch implementation process. The key to providing timely human resources solutions and resolving labor-management conflicts according to the actual situation of the unit is to eliminate them. 5. The degree and means of standardized management of labor dispatch units Labor dispatch is a comprehensive human resources professional service. Whether a labor dispatch unit has a standardized management system, modern management methods, a complete service system and management service quality control standards is the basis for ensuring that the entire process of labor dispatch is standardized. 6. Resource reserves of labor dispatch units High-quality and efficient talent recruitment, selection capabilities and flexible employment mechanisms to achieve rapid organization and optimal allocation of human resources are important purposes for employers to choose labor dispatch employment methods. Therefore, it is very important whether the talent reserve and talent recruitment channels of the labor dispatch unit can meet the talent recruitment needs of the employer.

Question 8: What are the key points to note in the labor subcontracting agreement? Shang Zhouxiang sincerely replies to you:

It is compiled based on the actual situation at work and may not be comprehensive. I hope it will be helpful to you. !

1. A labor subcontract signed between a general contracting enterprise or a professional construction enterprise and an enterprise that does not have the corresponding qualifications. Such a contract is deemed to be invalid according to Article 1 of the "Interpretations of the Supreme People's Court on Legal Issues Applicable in Certain Cases of Trial of Construction Project Construction Contract Disputes" and the "Contract Law". Treatment after the contract is invalid: If the project for which the labor subcontracting enterprise provides labor services is qualified, the labor subcontracting enterprise shall, in accordance with the provisions of Article 2 of the "Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Construction Project Construction Contract Disputes", request Labor service fees should receive legal support. If the project is unqualified solely due to the unqualified quality of the labor services provided by the labor subcontracting enterprise, the labor subcontracting enterprise will not receive legal support if it requests the labor service price stipulated in the labor subcontracting contract, and it shall also bear corresponding losses.

2. A substantive project subcontract signed in the name of a labor subcontract between a general contractor or a professional contractor and a labor subcontractor. This kind of contract will determine the essence of the contractual relationship between the two parties based on the actual content of the contract, the objective facts during the construction, and the specific circumstances of the settlement between the two parties. Some of them may be recognized as project subcontracts, so the rights and obligations of both parties must be reaffirmed according to the rights and obligations of the project subcontract.

3. The project subcontracting enterprise signs a substantive project subcontracting contract with the labor subcontracting enterprise in the name of a labor subcontracting contract. Such a contract will be deemed void.

The profits obtained by the project subcontracting enterprise due to such behavior will be confiscated by the court in accordance with the provisions of Article 4 of the "Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Construction Contract Disputes Cases", or the construction company The administrative agency imposes the same collection penalty.

Question 9: Regarding the safety responsibility agreement of the outsourcing unit, Party A has the responsibilities of informing, supervising, and managing. If a safety accident occurs, you will be jointly and severally liable. Your contract is a valid contract.

Question 10: What should I pay attention to when signing a labor contract? As Party B of a project, what should I pay attention to when signing a contract? Sign a labor contract. 1. Read the contents of the contract carefully. Whether there is an overlord clause or not, corrections must be made promptly. 2. The agreed period of the contract. Method of payment of labor remuneration. 3. Are there any other guarantees or work-related injury insurance during labor? 4. Advantages and disadvantages for both parties when contract changes, rescissions and terminations occur. 5. See clearly other agreed matters. The start and end dates of the contract, etc.