The Labor Dispute Mediation And Arbitration Act Will Take Effect Next Month.
In view of the implementation of the labor contract law, some enterprises have signed the labor dispatch contract with them after evading employees to fulfill their obligations and then signed the labor dispatch contract with them.
The labor dispute mediation and Arbitration Act, which takes effect next month, stipulates that the labor dispatching enterprises and the employing units will bear joint and several liabilities for the common parties, that is, the two parties.
In fact, even if it is converted into labor dispatch, it can not reduce the corresponding obligations of enterprises.
In the case of labor disputes, the employer can not shift the responsibility to the labor dispatch unit.
According to the introduction, the sixty-second clause of the labor contract law clearly stipulates that the employing units should implement the national labor standards when providing labor dispatch, provide the corresponding labor conditions and labor protection, inform the dispatched workers of their work requirements and labor remuneration, pay overtime pay, performance bonus, provide welfare benefits for their jobs, conduct training, and implement a normal wage adjustment mechanism for continuous employment.
The labor dispute mediation and arbitration law, which is coming into force in May 1st, stipulates that the labor dispatching enterprises and the employing units will bear joint and several liabilities for the common parties, that is, the two parties.
Therefore, in order to avoid obligations, enterprises have a certain blindness in pforming workers' labor relations into labor dispatch.
In addition, the person in charge also stressed that if a laborer meets the conditions of signing a labor contract without a fixed term, the enterprise must pay double wages if he forcibly signs a fixed-term labor contract with him.
In accordance with the fourteenth provision of the labor contract law, a worker who has worked continuously for 10 years in the employing unit shall conclude a labor contract without a fixed term unless he proposes a fixed term labor contract.
And the eighty-second provision stipulates that if the employer does not enter into an unfixed term labor contract with the employee, the employer shall pay the laborer 2 times the monthly salary from the date of the signing of the labor contract without fixed term.
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