With the talent market becoming more and more huge, the employment methods of enterprises have become flexible and diverse. In addition to full-time employment, there are also new forms of employment, such as labor dispatch and labor outsourcing. What are the differences between labor dispatch and labor outsourcing?

1、适用的法律不同

1. The applicable laws are different

劳务派遣适用《劳动合同法》，劳务外包适用《合同法》。

Labor dispatch is applicable to the labor contract law, and labor outsourcing is applicable to the contract law.

2、承包的实体不同

2. The contracting entities are different

劳务外包可以是个人，也可以是法人或其他实体；劳务派遣单位必 须是严格按照劳动合同法规定设立的法人实体。

Labor outsourcing can be an individual, a legal person or other entity; The labor dispatch unit must be a legal entity established in strict accordance with the provisions of the labor contract law.

3、劳动者管理的责任主体不同

3. The responsibility subjects of labor management are different

这也是两者主要的区别。发包企业对劳务外包单位的员工不进行直接管理，其工作形式和工作时间由劳务外包单位自己安排确定；劳务派遣单位的员工必 须按照用工单位确定的工作形式和工作时间进行劳动。

This is also the main difference between the two. The contract awarding enterprise does not directly manage the employees of the labor outsourcing unit, and its work form and working hours are determined by the labor outsourcing unit itself; The employees of the labor dispatch unit must work according to the work form and working hours determined by the employing unit.

4、结算费用的标准不同

4. The standard of settlement fee is different

劳务外包下，发包方买的是“劳务”，而劳务派遣下，用工单位买的是“劳动力”。

Under labor outsourcing, the employer buys "labor", while under labor dispatch, the employer buys "labor".

5、违法的后果不同

5. The consequences of breaking the law are different

劳务外包适用《合同法》，发包单位与承包单位之间按双方合同承担权利义务，发包单位对承包单位的员工基本上不承担责任；劳务派遣中，用工单位给被派遣劳动者造成损害的，劳务派遣单位与用工单位按《劳动合同法》承担连带赔偿责任。

The contract law is applicable to the outsourcing of labor services. The contracting unit and the contracting unit undertake rights and obligations according to the contract between the two parties, and the contracting unit basically does not bear responsibility for the employees of the contracting unit; In labor dispatch, if the employing unit causes damage to the dispatched workers, the labor dispatch unit and the employing unit shall bear joint and several liability for compensation according to the labor contract law.

劳务派遣是指由派遣单位与派遣劳工订立劳动合同，由派遣劳工向要派企业给付劳务，劳动合同关系存在于派遣机构与派遣劳工之间，但劳动力给付的事实则发生于派遣劳工与要派企业之间。劳务派遣显著特征就是劳动力的雇用和使用相分离。

Labor dispatch refers to the labor contract signed by the dispatch unit and the dispatched workers, and the dispatched workers pay the labor services to the enterprises to be dispatched. The labor contract relationship exists between the dispatch organization and the dispatched workers, but the fact of labor payment occurs between the dispatched workers and the enterprises to be dispatched. Labor dispatch is characterized by the separation of employment and use of labor.

劳务外包是把企业一些非核心的业务，通过外包的方式，交由第三方的人力资源公司来完成，以此整合利用内部和外部两种化资源，达到降低成本、提高 效率、大限度地发挥本企业的核心优势的一种用工形式。

Labor outsourcing is a kind of employment form that some non core businesses of an enterprise are outsourced to a third-party human resource company, so as to integrate and utilize the internal and external specialized resources, so as to reduce costs, improve efficiency and give full play to the core advantages of the enterprise.