What are the differences between foreign labor dispatch and domestic labor dispatch?
1, different legal nature
Foreign-related labor service is just a kind of foreign trade intermediary, and there is no direct labor relationship between the operating company and the laborers; However, labor relations are formed between domestic labor dispatch, dispatching units and workers.
2, the law is different.
Foreign-related labor services are governed by foreign trade law, contract law, bilateral treaties and other laws and regulations, and also involve the application of international economic law, private international law and international law; Domestic labor dispatch is only applicable to China's labor laws and regulations.
3, the main qualification requirements are different.
Foreign labor service cooperation shall be subject to administrative license, and enterprises (operating companies) engaged in foreign labor service cooperation shall obtain the qualifications for foreign labor service cooperation, and enterprises engaged in foreign labor service shall have the qualifications for foreign labor service cooperation with the approval of the Ministry of Commerce of China; The overseas employer must be foreign, that is, one party must be foreign-related. The Labor Contract Law only requires domestic labor dispatch enterprises to have a registered capital of 500,000 yuan, and stipulates that enterprises are domestic enterprises. This is a very important difference. It is a watershed to judge whether the enterprise has the capacity for civil conduct, that is, whether the enterprise has the ability to conclude foreign labor contracts.
4. The contents of the contract are different
The three contracts of foreign-related labor service contracts will be influenced by foreign legal systems, so the contents are different; For domestic labor dispatch, China's labor laws and regulations have clear provisions on the necessary clauses.
5. Different fees are charged
According to the law, each sending unit (including sending unit) can collect management fees and handling fees according to a certain proportion of the contract salary of expatriates signed with foreign employers; However, domestic labor dispatch is free according to the labor law.
6. Different responsibilities
In foreign-related labor services, the operating company is in the position of service and management, and its nature belongs to intermediary. The legal provisions only help safeguard the legitimate rights and interests of laborers, while the domestic labor dispatch and labor contract law stipulate that employers and employers can bear joint and several liabilities.
7. Different litigation status
In foreign-related labor disputes, the operating company may be listed as a third party; Domestic labor dispatch employers and employers can be listed as defendants.
8. Different litigation procedures
Foreign-related labor disputes, that is, economic contract disputes, are directly brought to the court with jurisdiction; However, labor disputes over domestic labor dispatch must go through labor arbitration.
In short, the legal nature of foreign labor service cooperation is international service trade, which has a complete legislative system, that is, from China's Foreign Trade Law to administrative regulations and departmental rules and notices of the Ministry of Commerce. In the dispatch of foreign labor services, the legal relationship between laborers and overseas companies is the legal relationship of overseas labor services, and the legal relationship between laborers and overseas employers is the legal relationship of employment. Therefore, in such cases, the disputes between laborers and overseas companies are governed by laws and regulations such as the Foreign Trade Law, the Contract Law, the Interim Measures for the Administration of Foreign Labor Services Cooperation and international bilateral treaties, but not the Labor Contract Law of the People's Republic of China.
Foreign-related labor services are governed by foreign trade law, contract law, bilateral treaties and other laws and regulations, and also involve the application of international economic law, private international law and international law; Domestic labor dispatch is only applicable to China's labor laws and regulations.