劳务外包不是一种就业形式，其法律定义称为“合同”，外包合同是一种法律定义的商业形式，劳务派遣只是劳动合同法中明确的就业形式，两者有本质区别。基于此，两者不能混合在一起。

Labor outsourcing is not a form of employment, and its legal definition is called "contract". Outsourcing contract is a commercial form defined by law, while labor dispatch is only a clear form of employment in labor contract law, and there is an essential difference between the two. Based on this, the two cannot be mixed together.

劳务外包是指企业将公司部分业务或职能工作内容发包给相关机构，并根据企业要求安排人员完成相应的业务或职能工作内容。

Labor outsourcing refers to the outsourcing of some of the company's business or functional work content to relevant institutions, and arranging personnel to complete the corresponding business or functional work content according to the company's requirements.

劳务派遣是指用人单位与劳务派遣单位签订劳务派遣协议，劳务派遣单位派人员到用人单位从事用人单位安排的工作内容的一种用工形式。

Labor dispatch refers to a form of employment where an employer and a labor dispatch unit sign a labor dispatch agreement, and the labor dispatch unit sends personnel to the employer to engage in the work arranged by the employer.

劳务外包与劳务派遣的共同点是，用人单位或者发包人不与劳动者签订劳动合同。

The commonality between labor outsourcing and labor dispatch is that employers or employers do not sign labor contracts with workers.

他们的区别在于：

Their difference lies in:

1.适用法律不同。劳务派遣适用劳动合同法，劳务外包适用合同法。

1. Different applicable laws. Labor dispatch is governed by the Labor Contract Law, while labor outsourcing is governed by the Contract Law.

2.劳务承包单位可以是个人、法人或者其他实体。(不建议发包给个人。实际上，个人外包往往被判定为劳动关系。

2. Labor contracting units can be individuals, legal persons, or other entities. It is not recommended to outsource to individuals. In fact, individual outsourcing is often judged as a labor relationship.

劳务派遣单位必须严格按照的有关规定设立，注册资本不少于50万元的法人实体;劳动者完成的工作是企业的业务或职能活动。

The labor dispatch unit must be established in strict accordance with relevant regulations, with a registered capital of no less than 500000 yuan as a legal entity; The work completed by workers is the business or functional activity of the enterprise.

3.职工管理的责任主体不同。这是两者的主要区别。

3. The responsible parties for employee management are different. This is the main difference between the two.

发包人不直接管理劳务承包人的员工，其工作组织形式和工作时间安排由劳务承包人自行安排确定

The employer does not directly manage the employees of the labor contractor, and the work organization form and working time arrangement are determined by the labor contractor themselves

劳务派遣单位的职工必须按照用人单位确定的工作组织形式和工作时间安排进行劳动。

Employees of labor dispatch units must work in accordance with the work organization form and work schedule determined by the employer.

4.劳务外包一般按事先确定的劳务单价按劳务承包商完成的工作量结算，合同标的一般为“事”

4. Labor outsourcing is generally settled based on the predetermined labor unit price and the amount of work completed by the labor contractor, and the subject matter of the contract is generally "work"

劳务派遣一般是按照派遣时间和费用标准，按照约定的派遣人数结算费用，其合同标的一般是“人”。

Labor dispatch is generally settled based on the agreed number of dispatched personnel according to the dispatch time and cost standards, and the contract subject is generally "person".

5.违法行为的后果不同。

The consequences of illegal behavior vary.

劳务发包人对劳务承包人的职工不承担任何责任。劳务外包适用合同法，违约人除承担合同约定的违约责任外，还适用民事赔偿责任。

The labor contractor shall not bear any responsibility for the employees of the labor contractor. Labor outsourcing is governed by the Contract Law, and the defaulting party is not only liable for breach of contract as stipulated in the contract, but also liable for civil compensation.

劳务派遣中对被派遣劳动者造成损害的，劳务派遣单位和用人单位应当依照劳动合同法承担连带赔偿责任。

If damage is caused to the dispatched workers during labor dispatch, the labor dispatch unit and the employer shall bear joint and several liability for compensation in accordance with the Labor Contract Law.

在实际操作中，企业在签订劳务外包合同和劳务派遣合同时，应注意以下事项：

In practical operation, enterprises should pay attention to the following matters when signing labor outsourcing contracts and labor dispatch contracts:

1.合同名称必须明确说明是劳务外包合同还是劳务派遣合同。

1. The contract name must clearly indicate whether it is a labor outsourcing contract or a labor dispatch contract.

2.明确合同标的和结算方式，合同标的是“事”还是“人”，费用结算方式是工作量还是服务时间。

2. Clarify the subject matter of the contract and the settlement method, whether the subject matter of the contract is "matter" or "person", and whether the cost settlement method is workload or service time.

3.明确劳动者的管理责任主体

3. Clarify the management responsibility subject of workers

劳务外包合同可以要求劳务承包人遵守发包人的管理和规章制度;但是，应当说明承包人应当对劳动者的工作时间和工作内容负责。

The labor outsourcing contract may require the labor contractor to comply with the employer's safety management and rules and regulations; However, it should be noted that the contractor shall be responsible for the working hours and content of the workers.

在劳务派遣合同中，用人单位要求劳务派遣单位与劳动者签订劳动合同。在派遣协议中，根据《劳动合同法》的要求，应当约定派遣岗位和人员的数量、派遣期限、劳动报酬和社会保险费的数额和支付方式，以及违反协议的责任。明确劳务派遣单位应当将劳务派遣协议的内容告知被派遣劳动者。

In the labor dispatch contract, the employer requires the labor dispatch unit to sign a labor contract with the employee. In the dispatch agreement, according to the requirements of the Labor Contract Law, the number of dispatched positions and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, as well as the responsibility for violating the agreement should be stipulated. Clearly, the labor dispatch unit shall inform the dispatched workers of the content of the labor dispatch agreement.

4.约定税务财务处理。

4. Agree on tax and financial treatment.

在劳务外包合同中，说明劳务费税的处理，可以约定企业支付的费用为含税，要求承包商提供发票。

In the labor outsourcing contract, it is stated that the handling of labor fee tax can stipulate that the fees paid by the enterprise are the price including tax, and the contractor is required to provide an invoice.

劳务派遣合同规定，劳动者的工资和税收由劳动者自行承担，与企业派遣费用的结算可以约定税收和发票处理。

The labor dispatch contract stipulates that the wages and taxes of the workers shall be borne by the workers themselves, and the settlement of dispatch expenses with the enterprise can agree on tax and invoice processing.

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