Sending Staff Or Outsourcing Employees? Foolishly Stupid.

Judge: I am a professional technician. I was interviewed by an information technology company at a job fair in January 2007. They invited me to be the manager of the project Department of the company, but they said they needed to sign a dispatch agreement with a labor company.

At that time, considering that the salary of the other party was good and the welfare conditions were good, I did not bother to sign the labor dispatch agreement.

The agreement is signed in two years. The last agreement we should sign is due to expire at the beginning of this year.

No one asked me to renew it after the expiration date, because I didn't care about it.

In the early March, because I found that my salary was more than 1000 yuan more last month, I asked the office that they had three days' sick leave deduction.

As far as I know, the company has policies, and the old employees who work for more than ten years are not deducted from their sick leave within three days.

After I questioned, the office staff said that their company had signed the outsourcing contract with the labor service company. I had no longer belonged to the dispatched staff, and could no longer enjoy the welfare benefits of the information technology company. All my treatment had to be carried out according to the standard set by the labor division of the contract outsourcing contract.

I was very surprised at the content of my work.

There has been no change and no one has talked with me about outsourcing. How did I become a outsourcing employee from the dispatched staff? Now the information technology company has to clear up the relationship with me.

What is the difference between dispatching and outsourcing, and who should protect my rights and interests? Is it lawful to turn me into outsourcing employees without my consent?

Mr. Pan, Mr. Pan:

Labor dispatch originated in the early twentieth Century in the United States, and was accepted by most countries in the world because of its flexibility and low cost.

In the early twenty-first Century, the employment form of labor dispatch also developed rapidly in China.

After the labor dispatch company and the dispatched employee establish labor relations, they are dispatched to the actual employment units, and the management and supervision of the dispatched employees are exercised by the actual employment units.

This form of employment has brought convenience to temporary, auxiliary and alternative employment needs, but also has caused some enterprises to evade their legal obligations in the form of labor dispatch.

In order to effectively protect the legitimate rights and interests of workers, in recent years, the state has strengthened the regulation of labor dispatching, and has made clear the qualifications for admission, employment restrictions, employment ratio, the allocation of responsibilities between employing units and dispatching units.

With the increasingly stringent restrictions on the dispatch of workers, some employment units directly pfer the workers dispatched from the original labor service to the direct employment of their units, and others choose the way of outsourcing services.

The service outsourcing we usually refer to is that the contracting unit is responsible for the part of its business through the agreement and is directly responsible for the settlement service with the outsourcing company.

Where the labor dispatch is pferred to the service outsourcing, the working place of the laborer,

Even if it is unchanged, the corresponding guarantee will change greatly.

According to the law, in the labor dispatch, the employing unit is not the unit of the labor relations of the dispatched employees, but it still has the obligation to pay wages and provide labor protection, and should pay equal pay for equal work.

In the case of service outsourcing, according to the principle of contract relativity, the employees engaged in outsourcing business have only the right to labor relationship with the contracting units, and they can not directly raise their salary and treatment to the employer.

In order to avoid infringing upon the legitimate rights and interests of laborers by outsourcing, the relevant laws and regulations also specify that employers should use laborers in the name of employment and outsourcing in accordance with the provisions of labor dispatch.

Service outsourcing is a new situation in the market pformation. The process of dispatching to outsourcing involves the change of legal relationship and the adjustment of management power.

To distinguish whether to dispatch or service outsourcing, we should combine the agreement among units, the agreement with the workers, the application of rules and regulations, and the strength and degree of the command and management power of the employing units.

The dispatch agreement between you and the sending company has expired, and the dispatch company is obliged to negotiate with you to renew the labor dispatch agreement.

If two units reach an outsourcing agreement, they should also inform the relevant facts.

So that you can choose whether to renew the contract.

From what you have said, the labor dispatch company and the actual employment unit are responsible for not telling you the relevant facts after the expiration of the original contract.

If you do not recognize the changes of the rights and obligations mentioned above, then you will not turn to the outsourcing employees of the dispatch company because your original agreement has expired and your two sides have not yet reached a new consensus.

You can ask the actual employment unit, the information technology company, to give you the corresponding salary and welfare benefits.

As for where to go in the future, you need to consider it comprehensively.

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