What Do We Need To Do To Regulate Labor Dispatch?

In order to regulate labor dispatch, safeguard the legitimate rights and interests of workers, and promote harmonious and stable labor relations, the state has formulated a series of relevant regulations on labor dispatch, including administrative licensing for labor dispatch, stipulating that employing units can only use dispatched workers in temporary, auxiliary or replacement jobs, and stipulate that the number of dispatched workers employed by employing units must not exceed 10% of their total employment.

Some enterprises take positive measures after the relevant policies are promulgated, and strive to standardize their employment behavior, including pferring some of the dispatched employees into direct employees.

However, due to the involvement of three parties, many details need to be paid attention to in the specific operation, and the rights and interests of workers should not be infringed.

Qiao FA Guan:

We are a market research company, and some of the employees responsible for information collection are employed by labor dispatching companies.

In April of this year, there were disputes over the issue of staff turnover.

Employee Li worked in our company in 2005 through the form of labor dispatch.

In 2009, we changed a dispatch company, Li Mou still signed a three party dispatch agreement with us, the work place, the work post has not changed.

Since then, the three parties have signed the dispatch contract many times, and the last contract expires at the end of March 2015.

Considering that the state is increasingly strict in terms of dispatching labor, and Lee has done a good job, we propose that we can turn Li into a regular employee.

Because the dispatching company is more professional in the labor employment policy, we entrust them with the relevant formalities.

But last week, Li was quarrelled. He said the company sent him a standard contract, which stated that the original labor dispatch agreement expired at the end of March 2015. Li chose to sign a labor contract with the employing unit, and the labor dispatch company did not have to pay any economic compensation or compensation.

All the rights and obligations arising from labor relations and labor dispatch before the expiry of the original labor dispatch contract of the three party has been comprehensively solved.

Li should not advocate any right.

Li believed that the company was unwilling to make compensation for its original working age and forced it to give up its rights, so it did not want to sign it.

The sending company also gave it a two-year labor dispatching agreement, which continued to be sent to the original post.

Li also pointed out that the dispatch posts of the original employment units did not meet the three requirements, and should not be sent to the post again, and the contract period should be fixed.

The dispatched company did not accept its objection. A week later, Li refused to renew the contract, and the contract was terminated.

Li has talked to our company and asked us to give a statement.

Our original intention is also to regulate the dispatch of labor services. We did not expect such problems.

Excuse me, what shall we do now?

Readers' old week

Lao Zhou:

What you are now debated is whether the labor contract should be renewed or not renewed after the expiration of the original labor dispatch contract.

First of all, we should respect the wishes of the parties concerned for renewing the contract.

After the expiration of the original labor dispatch contract, the relative party dispatching company and the laborer have a preliminary intention to renew the contract.

If the sending company continues to make legal dispatch and maintain or improve the conditions stipulated in the labor contract,

If the applicant still does not agree to renew the contract, the employer may not pay the economic compensation.

If the three party negotiated labor relations are pferred to the actual employing units, it is clear that the relevant rights and obligations before and after the pfer of labor contracts should be dealt with clearly.

From your point of view, the dispatch company first proposed to Li that the original labor dispatch contract was terminated and the labor relations moved to the original employment unit. Therefore, Li did not propose to terminate the dispatch with the company.

。

Secondly, the pfer of labor relations caused by the non workers' subjective wishes, and the compensation for the seniority of workers involved in the pfer of labor relations, need three parties' consensus.

In order to sign up for the form contract, the dispatched company asked Li to give up his rights. Lee refused to be legal and should not take any responsibility.

。

Finally, although the dispatched company finally agreed to renew the labor dispatch contract, Li's opinion on the legality of the dispatch contract and the term of the contract is open to question.

Under the condition of incomplete consultation, the dispatched company lacks the basis for presuming that the workers are unwilling to renew the labor contract.

The economic compensation system in China's current labor law is not a disciplinary action against employers, but a compensation for laborers' contributions to employers in the past. It is a social responsibility for employers to maintain basic life in the unemployment stage.

The company's initiative to terminate the labor contract without sufficient negotiation and the responsibility to exempt the economic compensation should be entirely attributed to the worker side.

I hope you will pay more attention to communicating with workers during the process of standardizing the dispatch behavior, especially when pferring labor relations. We should fully consult with the laborers and effectively protect their legitimate rights and interests.