The contractual instrument of “staff hire” is an alternative to contract work: only outsourcing allows the company to retain the power to organise and manage staff seconded by Alma, while, for contractual work, the powers of organisation and management remain exclusively within the contractor`s jurisdiction. The method of outsourcing work, represented by the outsourcing of work, has the following characteristics: There are no specific restrictions or prohibitions imposed by law; no employment is created between the host party and the relocated workers and their relationship is not subject to labour legislation; outsourcing is not required by specific qualifications, except for specific sectors. This type of work has been taken up by a whole range of companies. In its 2019 Global Development Report, the World Bank said the future labour market would turn into a market where jobs are odd rather than jobs. In other words, the introduction of flexible forms of work will continue to expand in a way that can, to some extent, replace the traditional type of employment. In this phase, based on a different conception of flexibility, flexible forms of work in China include non-complete, flexible employment in terms of working time, detachment of workers, flexible in terms of form of employment, and outsourcing of the workforce, flexible with regard to the mode of service provided. In practice, although the receptive company has not completed jobs with outsourced staff, in the event of a labour dispute between the outsourcing company and the outsourced staff, outsourced employees will generally decide to initiate work arbitrations and litigation against the outsourcing company and the receptive company. Even if, in the end, the Labour Divide Committee and the Labour Tribunal confirm that there is no working relationship between the receiving company and the relocated staff, the receiving company must bear the cost of legal time and expenses. What are the rules, obligations and obligations for transferring staff to and from the customer and supplier (including outsourcing agreements and termination of the outsourcing contract)? As noted above, the interim detachment provisions for workers that have prohibited “detachment relocations” do not have a clear definition of this outsourcing. We looked at relevant cases and found that judicial authorities tend to assess whether a type of work corresponds to the type of outsourcing of the detachment or work, with regard to the following aspects: if the receptive company carries out direct management of outsourced workers, such as management and the requirement on both the outcome of the work and the presence of the relocated workers, it is risky that the outsourcing of work will be confirmed, if the seconded workers require it, even if the seconded workers have a corresponding contract. In the applicant Lidu Hotel Co., Ltd. vs. Xu Guangming, Second Instance, Labour Dispute ( San Zhong Min Zhong Zi.
15106), the court found that “initially, Lidu Hotel, Huaao Company and Guowanpiaopen company signed a staff contract and Xu was interviewed and made available, among others, directly by Lidu Hotel. Second, Xu`s attendance records were to be submitted to the Lidu Hotel and signed by Lidu Hotel staff, showing that the Lidu Hotel had both the result of the work and Xu`s presence in terms of needs and management. Finally, Lidu Hotel retained the initial or dual employment contracts and compensation documents of certain outsourced employees. These facts and statements of the parties all indicate that the triple relationship between Lidu Hotel, Huaao Company and Guowanpiaopen is more due to the nature of the mailing of work than to the outsourcing of the workforce. Alma also provides “staff rental” services. The 2010 financial budget (Law 191/2009) once again made it possible to take advantage of the outsourcing of indeterminate contract labour (originally introduced by the “Biagi Act” introduced in 2003,