Common risks

风险一、发包企业与外包人员无隶属关系却按照外包人员的工资、社会保险、福利待遇、加班费、外包单位的管理费核算外包费用，容易引发劳动争议。

Risk 1. The contracting enterprise has no subordinate relationship with the outsourcing personnel, but calculates the outsourcing expenses according to the salary, social insurance, welfare benefits, overtime pay and management fee of the outsourcing unit, which is easy to cause labor disputes.

防范措施：

Precautions:

外包合同是发包方(企业)将某个项目外包给承包方(外包单位)，因此在对服务外包项目进行核算时，需要按照项目单价或者项目整体进行核算，而不是按照外包人员数量、工资等方式核算。

Outsourcing contract refers to that the employer (enterprise) outsources a project to the contractor (outsourcing unit). Therefore, when accounting for service outsourcing projects, it needs to be calculated according to the project unit price or the whole project, rather than the number of outsourcing personnel and wages.

风险二、外包单位不与外包人员签订劳动合同。

Risk 2. The outsourcing unit does not sign labor contracts with outsourcing personnel.

外包单位作为外包人员的用人单位，有义务与外包人员签订劳动合同。如果不签订劳动合同，既存在需支付未签订劳动合同双倍工资的风险，也存在外包人员以未签订劳动合同为由解除劳动关系并要求支付经济补偿金的风险。

As the employer of outsourcing personnel, the outsourcing unit is obliged to sign labor contracts with outsourcing personnel. If the labor contract is not signed, there is not only the risk of paying double wages for the non signed labor contract, but also the risk that the outsourcing personnel will terminate the labor relationship and require the payment of economic compensation for the reason of not signing the labor contract.

防范措施：

Precautions:

因外包人员的工作地点在发包企业，为避免牵连发包企业，发包企业需监督外包单位与外包人员签订劳动合同，可以要求外包单位提供加盖其公章的劳动合同复印件或提供外包人员劳动合同明细单(包括签订时间、合同期限、合同起止日期等)。

Since the work place of the outsourcing personnel is in the contracting enterprise, in order to avoid implicating the contracting enterprise, the contracting enterprise needs to supervise the outsourcing unit to sign the labor contract with the outsourcing personnel, and can require the outsourcing unit to provide a copy of the labor contract stamped with its official seal or provide the labor contract details of the outsourcing personnel (including signing time, contract term, contract start and end date, etc.).

如劳动合同到期，发包企业还应监督外包单位及时与外包人员续签劳动合同。

If the labor contract expires, the contracting enterprise shall also supervise the outsourcing unit to renew the labor contract with the outsourcing personnel in time.

风险三、外包单位不为外包人员缴纳社会保险。

Risk III. outsourcing units do not pay social insurance for outsourcing personnel.

外包单位作为外包人员的用人单位，为劳动者缴纳社会保险是其法定义务，又因社会保险涉及女员工生育报销、生育津贴的领取，以及医疗费用报销、工伤保险待遇、养老等劳动者切身的利益，如果外包单位不缴纳，那么劳动者既有要求补缴、赔偿、支付待遇的权利，还有以未缴纳社会保险为由解除劳动合同并要求支付经济补偿金的风险。

As the employer of outsourcing personnel, the outsourcing unit has a legal obligation to pay social insurance for workers. Moreover, because social insurance involves the vital interests of workers such as maternity reimbursement and maternity allowance of female employees, as well as medical expense reimbursement, industrial injury insurance benefits and pension, if the outsourcing unit does not pay, the workers will not only require supplementary payment, compensation The right to pay benefits, as well as the risk of terminating the labor contract and demanding payment of economic compensation on the grounds of failure to pay social insurance.

防范措施：

Precautions:

因外包人员的工作地点在发包企业，为避免牵连发包企业，发包企业需监督外包单位为外包人员缴纳社会保险，要求外包单位提供社会保险缴纳证明材料。

Since the outsourcing personnel work in the contracting enterprise, in order to avoid implicating the contracting enterprise, the contracting enterprise shall supervise the outsourcing unit to pay social insurance for the outsourcing personnel and require the outsourcing unit to provide social insurance payment certificates.

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