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How to determine fake outsourcing and real dispatch?

Fake outsourcing and real dispatch means that companies dispatch employees to work in other companies in the name of outsourcing. In this case, the employee is actually working as a dispatch worker, not as an employee of the outsourcing company.

In China, enterprise outsourcing and labor dispatch are two different forms of employment, and they have different legal regulations and management requirements. Outsourcing means that an enterprise outsources certain functions or businesses to other enterprises, and the outsourcing enterprise is responsible for completing the tasks. Labor dispatch means that a company dispatches its employees to work in other companies or institutions, and the receiving unit pays the labor costs.

According to the "Labor Contract Law of the People's Republic of China" and the "Interim Provisions of the People's Republic of China on Labor Dispatch", enterprise outsourcing and labor dispatch are two different forms of employment. There are clear distinctions and regulations between them.

If a company dispatches employees to work in other companies in the name of outsourcing, but in fact these employees work as dispatch workers, then this is fake outsourcing and real dispatch. In this case, the company may violate relevant laws and regulations, such as failing to sign a labor contract in accordance with regulations, failing to pay social insurance, failing to provide reasonable working conditions, etc.

If employees believe that they are being dispatched by a fake outsourcing company, they can protect their rights and interests through the following channels:

1. Complain or report to the labor inspection department and ask the company to stop illegal activities and Compensate for your own economic losses.

2. Apply for arbitration to the labor arbitration institution and require the enterprise to pay labor remuneration, social insurance, etc.

3. Seek legal aid, file a lawsuit in court, and require the company to bear legal responsibility.

In short, companies should abide by relevant laws and regulations, conduct business activities legally and compliantly, and protect the legitimate rights and interests of employees. If employees think they are being outsourced by a fake company, they can protect their rights and interests through legal channels.

Legal basis:

Article 92 of the "Labor Contract Law of the People's Republic of China" who violates the provisions of this law and operates labor dispatch business without permission shall The labor administrative department shall order the cessation of illegal activities, confiscate the illegal gains, and impose a fine of not less than one time but not more than five times the illegal gains; if there are no illegal gains, a fine of not more than 50,000 yuan may be imposed.

If a labor dispatch unit or employer violates the provisions of this Law on labor dispatch, the labor administrative department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than 5,000 yuan but not more than 10,000 yuan per person. , for labor dispatch units, revoke their labor dispatch business license. If the employer causes damage to the dispatched workers, the labor dispatch unit and the employer shall bear joint liability for compensation.