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Three Types of HR Services in China

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Three Types of HR Services in China

In the modern enterprise employment system and service outsourcing industry, labor outsourcing, labor dispatch and human resource outsourcing are three business models prone to conceptual confusion and ambiguous practical definition. The three differ essentially in legal relations, management rights and liabilities, employment risks, qualification requirements and VAT invoicing rules, which directly affect the compliant operation, cost accounting and tax treatment of enterprises. From a professional perspective, this paper systematically distinguishes and analyzes the three models in practice to help enterprises achieve consistency in business, legal and fiscal matters.

  1. Definition of Core Concepts and Legal Attributes

    (1)
    Labor Outsourcing

    Falling under the legal category of contract for work (Article 770 of the Civil Code of the People's Republic of China), labor outsourcing refers to a business model where the outsourcing party entrusts a specific business link, work task or service project to an outsourcing entity with corresponding service capabilities. The outsourcing entity independently organizes and implements the project with its own equipment, technology and personnel and delivers the work results, and the outsourcing party inspects the results in accordance with the agreed standards and pays the consideration.

    The two parties have an equal civil subject relationship of business contracting, with no direct labor management relationship established. The outsourcing entity bears full employer liability for laborers, while the outsourcing party only bears civil liability under the contract for work, free from the restrictions on the proportion and positions of labor dispatch stipulated by labor laws and regulations.

    (2)
    Labor Dispatch

    Labor dispatch means a form of employment where a labor dispatch entity holding a Labor Dispatch Business License in accordance with the law enters into a written labor contract with a laborer, dispatches the laborer to the employing unit to provide labor services in accordance with the Labor Dispatch Agreement signed with the employing unit, and the employing unit exercises direct labor management over the laborer.

    Its core legal feature is the separation of employment and use, forming a tripartite legal relationship among the dispatch entity, the employing unit and the laborer. It is subject to the special regulation of laws and regulations such as the Labor Contract Law of the People's Republic of China, the Interim Provisions on Labor Dispatch and the Measures for the Administration of Administrative Licensing for Labor Dispatch. The proportion of dispatched labor should not exceed 10% of the total number of employees of the unit employed, and the positions shall be limited to "temporary, auxiliary and alternative" (referred to as the "three characteristics").

    (3)
    Human Resource Outsourcing

    As an entrusted agency service model, human resource outsourcing refers to a practice where the employing unit entrusts the transactional functions of human resource management (salary payment, social insurance and housing fund agency payment, file management, recruitment agency, etc.) to a human resource service institution holding a Human Resource Service License for handling on its behalf.

    Its core feature is the unchanged subject of labor relations: the laborer's labor relationship always belongs to the employing unit, and the human resource service institution only provides transactional agency services in accordance with the entrusted instructions, without intervening in labor management or bearing employer liability. It is subject to the relevant provisions of the Civil Code on entrusted contracts and the industry norms for human resource services.

  2. Multi-dimensional Professional Distinctions

    Comparison Dimension

    Labor Outsourcing

    Labor Dispatch

    Human Resource Outsourcing

    Core Subject Matter

    Business results or work tasks (result delivery)

    Labor resources (staff supply)

    Transactional human resource services (agency functions)

    Applicable Laws

    Mainly the Civil Code, belonging to a general commercial contract relationship

    Mainly the Labor Contract Law, especially the provisions on labor dispatch

    Mainly the Civil Code

    Legal Relations

    Bilateral civil contracting relationship

    (Outsourcing party & contractor: contracting relationship

    Contractor & laborers: labor relations

    Outsourcing party & laborers: no direct legal relationship)

    Tripartite legal relationship

    (Dispatch entity & employing unit: labor dispatch agreement relationship

    Dispatch entity & laborers: labor contract relationship

    Employing unit & laborers: actual employment relationship)

    Bilateral entrusted agency relationship

    (Employing unit & service institution: entrusted agency contract relationship

    Employing unit & laborers: labor relations

    Service institution & laborers: no direct legal relationship)

    Applicable Scenarios

    Overall business outsourcing (e.g., decoration projects, IT projects)

    Short-term employment supplement: the proportion of dispatched labor shall not exceed 10% of the total number of employees of the employing unit, and positions are limited to the "three characteristics"

    Human resource functioning agency (e.g., salary agency payment, social insurance and housing fund agency payment, household registration agency handling, recruitment agency, etc.)

    Qualifications

    No unified outsourcing qualification: obtain corresponding business qualifications according to business types (e.g., construction labor subcontracting qualification, property service qualification, road transportation qualification, etc.)

    Compulsory administrative license: required to obtain the Labor Dispatch Business License; registered paid-in capital ≥ 2 million RMB; required to complete the filing of labor dispatch business

    Human Resource Service License

    Management Authority

    The contractor exercises direct management over laborers, and the outsourcing party shall not intervene

    The employing unit exercises direct work management over dispatched employees and applies its own rules and regulations

    The outsourcing institution acts as an agent for the enterprise to complete human resource management functions, and the enterprise still has direct management rights over employees

    Employment Risks

    The contractor bears employment risks, and the outsourcing party does not bear direct liability

    The dispatch entity and the employing unit jointly bear employment risks

    The employing unit independently bears all employment risks, and the service institution only bears the breach of contract risks of agency services

    Settlement Logic

    Pricing based on projects, workload and service results; the fee has no inevitable connection with the number of personnel, with result delivery as the core basis

    Pricing per capita; the fee includes laborers' compensation, social insurance and housing fund, and dispatch service fee, with no direct binding to workload and results

    Collect service fees based on agency service items, service frequency and service scale, irrelevant to the amount of agency salary payment and agency social insurance payment


  3. VAT Invoicing Rules and Tax Calculation Methods (Professional Fiscal and Tax Caliber)

    (1)
    Labor Outsourcing

    (a)     Core Qualification

    The tax category is determined according to the business substance, not a unified "labor service fee".
    For example: Construction labor outsourcing: construction services (applicable to 9% VAT rate);
    Outsourcing of cleaning, security and logistics services: living services or human resource services (applicable to 6% VAT rate);
    Transportation and warehousing outsourcing: determined according to business substance, 9% for transportation services and 6% for logistics auxiliary services.

    (b)     Tax Calculation and Invoicing

    General taxpayers: Calculate tax in full amount according to the corresponding tax category, no deduction of balance, and can issue special VAT invoices or ordinary VAT invoices in full amount.
    Small-scale taxpayers: A reduced VAT rate of 1% is applicable (from January 1, 2026, to December 31, 2027, small-scale taxpayers pay VAT at a reduced rate of 1%) on the full amount.

    (c)     Key Invoicing Points

    The product name must be consistent with the business (e.g., "Construction Services - Labor Subcontracting"); it is strictly prohibited to issue invoices with the vague description of "labor service fee/dispatch fee".
    Compliance is premised on the consistency of acceptance documents, contracts and capital flows.
    Invoices shall be issued in full amount, with total consideration as the sales volume and no deduction items.

    (2)
    Labor Dispatch

    (a)     Core Qualification

    Tax category: Modern Services — Business Auxiliary Services — Human Resource Services
    Qualification: Labor Dispatch Business License is required

    (b)     Tax Calculation and Invoicing

    General taxpayers: The 5% simple tax calculation method is abolished; the balance general tax calculation method at a 6% tax rate is uniformly applied.
    Sales volume = total consideration - agency payment of salaries, social insurance and housing funds.
    It is mandatory to adopt the method of "tax calculation on balance - invoice issuance on balance": the full amount and deduction amount shall be specified in a single invoice, and "Tax Calculated on Balance" shall be printed in the remarks column; only the balance part can be issued as a special VAT invoice, and no special VAT invoice shall be issued for the deduction part.
    Small-scale taxpayers: The balance tax calculation method is abolished; tax is calculated at a reduced rate of 1% on the full amount (from January 1, 2026, to December 31, 2027, small-scale taxpayers pay VAT at a reduced rate of 1%). Special or ordinary VAT invoices can be issued, with no deduction amount indicated.

    (c)     Key Invoicing Points

    Single invoice system: the full amount and deduction must be specified in the same invoice; separate invoices is strictly prohibited.
    The balance part (service fee) can be issued as a special VAT invoice, and the agency salary and social insurance payment part can be issued as an ordinary VAT invoice or indicated as non-taxable on the same invoice.

    (3)
    Human Resource Outsourcing

    (a)     Core Qualification

    Tax category: Modern Services — Business Auxiliary Services — Brokerage Agency Services (human resource agency)
    Major change in 2026: The 5% simple tax calculation method is abolished, and the 6% general tax calculation method is uniformly applied. Tax is only levied on the service fee, and agency salary payment and social insurance payment are not included in the sales volume and are non-taxable.

    (b)     Tax Calculation and Invoicing

    General taxpayers: Adopt the 6% general tax calculation method, with tax levied only on the agency service fee; agency salary payment and agency social insurance and housing fund payment are not included in the sales volume, and no special VAT invoice shall be issued for such amounts, while ordinary VAT invoices or receipts can be issued.
    Small-scale taxpayers: Tax is calculated at a reduced rate of 1% only on the service fee (from January 1, 2026, to December 31, 2027, small-scale taxpayers pay VAT at a reduced rate of 1%). The sales volume only includes the agency’s service fee, excluding the amount of collected and paid on behalf of others. No special VAT invoice shall be issued for the collected and paid on behalf of others, while ordinary VAT invoices or receipts can be issued.

    (c)     Key Invoicing Points

    Only the service fee part can be issued as a special or ordinary VAT invoice; the agency payment and collection part can be deducted before tax with supporting documents such as agreements, bank statements and social insurance certificates.

    Model

    Tax Category

    General Taxpayers

    Small-scale Taxpayers

    Core Invoicing Rules

    Labor Outsourcing

    Determined by business substance

    Apply the corresponding tax rate, calculate tax on the full amount, and deductible input tax

    A 1% levy rate on the full amount, non-deductible input tax

    Issue invoices in full amount with the product name consistent with the business

    Labor Dispatch

    Human Resource Services

    1. 6% general tax calculation: calculate tax on the full amount, and deductible input tax

    2. 6% balance general tax calculation: Sales volume = total consideration - agency payment of salaries, social insurance and housing fund, and deductible input tax

    3. The 5% simple tax calculation method has been abolished

    1% tax calculation on the full amount: issue invoices in full amount

    1. General tax calculation: issue 6% special/ordinary VAT invoices in full amount

    2. Balance tax calculation: only the balance part (service fee) can be issued as a 6% special VAT invoice, and the agency payment part shall be issued as an ordinary VAT invoice

    3. Receipts can be issued for the agency payment of salaries and social insurance with a complete supporting document chain

    Human Resource Outsourcing

    Brokerage Agency Services

    1. 6% general tax calculation: sales volume only includes the service fee, and deductible input tax

    2. The 5% simple tax calculation method has been abolished

    3. Agency salary payment and agency social insurance and housing fund payment are not included in the sales volume

    A 1% levy rate on the service fee only; sales volume only includes the agency service fee, non-deductible input tax

    1. Only the service fee part can be issued as a 6% (for general taxpayers) or 1% (for small-scale taxpayers) special/ordinary VAT invoice

    2. Agency salary payment and agency social insurance and housing fund payment: no special VAT invoice shall be issued; non-taxable ordinary VAT invoices (preferred) or receipts can be issued


    The compliant selection of employment models is a core link for enterprises in risk prevention and control and cost optimization. Enterprises shall accurately distinguish the legal, fiscal and tax boundaries of the three models in light of their own business needs and employment characteristics, and rely on professional legal and fiscal teams to design contracts and control processes to achieve the dual goals of business development and compliant operation.

Disclaimer

All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

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