Temporary Labor Contracts Over 6 Months Should Not Be Signed For Labor Dispatch Contracts.

In June 2014, a trade company in Beijing began to recruit employees. Xiao Zhang was successfully hired because of excellent conditions. But the company asked Xiao Zhang to sign a labor contract with a labor dispatching company, and then the three parties would sign a two-year labor dispatching agreement. Xiao Zhang worked as a dispatched employee in a trading company. Xiao Zhang thinks he should sign with a trading company. Labor contract Instead of signing labor contracts with labor dispatching companies, they do not want to work as a dispatched employee in a trading company.

The business company explained to Xiao Zhang that at present, Xiao Zhang's post is temporary, so he must sign a labor dispatch contract. Xiao Zhang hopes to get the job, and the business company is also eager to employ people, but the two sides have not reached an agreement on the issue of labor dispatch. Later, both sides consulted lawyers.

The key question is: is there any time limit for temporary jobs?

" Interim Provisions on labor Dispatch "Article third stipulates that the employing unit can only use the dispatched laborers in temporary, auxiliary or alternative jobs.

The temporary job posts specified in the preceding paragraph refer to posts that are not more than 6 months in duration; auxiliary jobs refer to the non main business Posts serving the main business posts; the substitute jobs refer to the positions of the workers in the employing units who can not work for the reasons such as off production, study and vacations.

In this case, the trade company requires the three parties to sign a two-year labor dispatching agreement, which is far beyond the time stipulated by the law. It is not in conformity with the law, and should not sign labor dispatching agreement. It should sign a labor contract directly.

In reality, some enterprises, in order to avoid legal risks, solve the problem of employment by means of labor dispatch, resulting in confusion in the labor dispatch market and damage to the legitimate rights and interests of workers.

The Interim Provisions on labor dispatch clearly define the dispatch of labor services. Post nature That is temporary, auxiliary or alternative, which plays an important role in the protection of workers' rights and interests. The stipulation not only stipulates the time limit for temporary jobs, but also specifies the "red line" for the number of dispatched workers, that is, the number of dispatched workers can not exceed 10% of their total employment.