【裁判要旨】劳务派遣单位应当是依法登记设立的公司。用人单位与未经工商注册登记、不具备劳务派遣经营资质的公司签订用工协议,与该公司部分人员形成事实劳动关系,应由用人单位依法为其缴纳综合保险费。用人单位与不具备缴费资格的案外人的协议约定不能免除其法定缴费义务。 The purpose of the referee The labor dispatch unit shall be a company registered in accordance with the law. The employer signs an employment agreement with a company that does not have the qualifications for dispatching a labor service and forms a de facto labor relationship with some of the company's staff. The employer shall pay the comprehensive insurance premium for it according to law. The agreement between the employer and an outsider who does not qualify for payment can not be exempted from the obligation of legal payment.