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Three Types of HR Services in China
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(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.
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(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").
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(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.
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Comparison Dimension |
Labor Outsourcing |
Labor Dispatch |
Human Resource Outsourcing |
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Core Subject Matter |
Business results or work tasks (result delivery) |
Labor resources (staff supply) |
Transactional human resource services (agency functions) |
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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 |
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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) |
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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.) |
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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 |
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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 |
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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 |
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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 |
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(1) |
Labor Outsourcing (a) Core Qualification The tax category is determined according to the business substance, not a unified "labor service fee". (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. (c) Key Invoicing Points
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(2) |
Labor Dispatch (a) Core Qualification Tax category: Modern Services — Business Auxiliary Services — Human Resource Services (b) Tax Calculation and Invoicing
(c) Key Invoicing Points Single invoice system: the full amount and deduction must be specified in the same invoice; separate invoices is strictly prohibited. |
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(3) |
Human Resource Outsourcing (a) Core Qualification Tax category: Modern Services — Business Auxiliary Services — Brokerage Agency Services (human resource agency) (b) Tax Calculation and Invoicing
(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. |
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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. |