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#120  Apr 03, 2015    email version


Difference between labor dispatch and labor outsourcing


If any damage is caused to the dispatched employees during the labor dispatch, the labor-receiving entity shall bear joint and several liability; while the outsourcer assumes no legal liability to the employees of the contractor.

  • 劳务派遣用工判定
  • Identification of labor dispatch
  • 对于确有劳务外包需求的发包方因服务或产品质量“被动”地介入到承包方劳动力的管理和控制时,认定标准的不确定性就凸现出来了。
  • In the event that an outsourcer who really demands for labor outsourcing is “passively” involved in the management and control over the employees of the contractor for the purpose of service or product quality, the uncertainty of the identification standards appears outstanding.
  • 劳务派遣和劳务外包认定中的难点
  • Difficulties in identifying labor dispatch and labor outsourcing
  • 对于劳务外包来说,存在发包方因对服务或产品质量控制的客观需要,部分介入到外包服务或产品生产过程,从而不可避免的形成对外包方劳动者一定程度上的管理和控制。此种情况下如何认定?
  • In the labor outsourcing relationship, the outsourcer should be involved somehow in the outsourcing service or product production to objectively control the service or product quality, thus it shall inevitably have certain management and control over the employees of the contractor. Therefore, how to make identification in such case?
雇佣动态 / Employment Express
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