The main differences between foreign-related labor services and domestic labor dispatch include the following aspects:

Legal nature: Foreign labor services are only a type of foreign trade intermediary, and there is no direct labor relationship between the operating company and the labor personnel; In domestic labor dispatch, a labor relationship is formed between the dispatching unit and the worker.

Legal Application: Foreign labor services are subject to laws and regulations such as Foreign Trade Law, Contract Law, and bilateral treaties, as well as the application of international economic law, private international law, and international law; Domestic labor dispatch only applies to China's labor laws and regulations.

Subject qualification requirements: foreign-related labor cooperation shall be subject to administrative licensing, and enterprises engaged in foreign labor cooperation shall obtain the qualification for foreign labor cooperation, and the overseas employer must be a foreigner; Domestic labor dispatch companies only need to have a registered capital of 500000 yuan and are domestic enterprises.

Contract content: The three contracts of foreign-related labor contracts are all influenced by foreign legal systems and have different contents; The essential terms for domestic labor dispatch are clearly defined.

Charging fees: In foreign-related labor services, each dispatching unit may charge a certain proportion of management fees and handling fees based on the salary of the dispatched personnel contract signed with the foreign employer; In domestic labor dispatch, the labor law stipulates that it is free of charge.

Responsibility assumption: In foreign-related labor services, the operating company is in a position of service and management, and its nature is intermediary. According to legal provisions, it only assists in safeguarding the legitimate rights and interests of labor personnel; In domestic labor dispatch, the employer and the employing unit can assume joint and several liability.

Litigation status and procedure: In foreign-related labor disputes, the operating company can be listed as a third party; In domestic labor dispatch, both the employer and the employing unit can be listed as defendants. Foreign labor disputes belong to economic contract disputes and can be directly sued to courts with jurisdiction; Labor disputes arising from domestic labor dispatch must go through labor arbitration