The labor dispatch fund shall be no less than RMB 2 million, and it shall have a labor dispatch management system that complies with laws and administrative regulations. When applying for the operation of labor dispatch business, other materials such as the certificate of use of the business premises shall also be provided.
Legal objectivity:
The Labor Law defines the scope of labor dispatch posts: labor dispatch is generally implemented in temporary, auxiliary or alternative jobs. However, the "Labor Contract Law" does not list specific jobs that can be identified as temporary, auxiliary or alternative jobs, so this clause lacks maneuverability and also leaves room for employers to use. Practically speaking, you can try to use labor dispatch in the following positions: security, cleaning, greening and maintenance, administrative assistant, reception, telemarketing, customer service, salesman, operator, maintenance worker, host, emcee, etiquette lady, cameraman and other positions and personnel. Enterprises can choose to send new employees, extend the inspection period for new employees, and then sign labor contracts directly with new employees who meet the company's culture and development requirements, which is more flexible than signing labor contracts directly with them from the beginning, and the employer has greater autonomy. In addition, you can consider sending middle and high-level personnel with higher salaries, which can avoid higher dismissal costs. It is best not to use labor dispatch for jobs that need to be kept confidential, jobs that need to be funded for training, and jobs that have agreed service periods. Because the direct establishment with employees in these positions can strengthen the management and control of such employees, and also increase their sense of identity with the company, encourage them to serve the enterprise with peace of mind, reduce the risk of turnover caused by excessive staff turnover, and reduce training costs. According to Article 58 of the Labor Contract Law, the labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than 2 years. In other words, the labor dispatch unit can't agree with the laborer to conclude a labor contract with no fixed term and a labor contract with a certain task as the deadline, but should conclude a labor contract with a fixed term of more than 2 years. In addition, in order to maintain the employment stability of the dispatched workers, the Labor Contract Law also stipulates that the labor dispatch unit must also pay the workers monthly remuneration when the dispatched workers are not at work, that is, during the labor contract period, when the dispatch period expires and there are no new dispatched posts. This standard is the minimum wage standard stipulated by the local people's government of the labor dispatch unit. In this way, the labor contract period of workers with short labor dispatch period is extended, and the behavior of the employer and the labor dispatch unit colluding to avoid the dissolution of the labor contract that should meet the legal situation is prevented.