It Is Illegal To Assign Labor Companies To Their Own Units.

A few years ago, Mr. Liang worked in a large clothing company. The clothing company had not signed a written labor contract with him for various reasons. At the beginning of last year, the clothing company announced the establishment of a subordinate labor dispatching company, requiring many workers including beam master to sign labor contracts directly with the labor dispatching company, and then dispatch them to the garment company to work. Liang master and workers questioned the practice of the clothing company and consulted the local labor administration department.

Comment on: labor dispatch It is a new type of employment. The most important feature is the separation of labor employment from labor force. The dispatched workers do not sign labor contracts with labor units and labor relations, but they have labor relations with the dispatched institutions, but they are dispatched to labor units to work. relationship The special state. The sixty-seventh provision of the labor contract law stipulates: "employers shall not set up labor dispatch units to send workers to their units or units." The ninety-second provision states: "the labor dispatching unit violates the provisions of this law. labour The administrative departments and other relevant competent departments shall order correction; if the circumstances are serious, they shall be fined at a standard of less than 1000 yuan and 5000 yuan per person, and the administrative department for Industry and Commerce shall revoke the business license; if the damage is caused to the dispatched worker, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation. Therefore, it is illegal for garment companies to set up labor dispatching companies and send workers to their units.

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As the Spring Festival approaches, the garlic traders in Linyi, Shandong are not happy. In November 2014, the Korean government imported 2200 tons of garlic made in Linyi by bidding. After receiving the quality inspection of the Korean national aquatic food circulation commune after receiving the goods, the goods were sent to Busan, Korea. However, after arriving at the port, the Korean agricultural management department returned all the goods back to China on the grounds of "heavy spots exceeding the standard".

2200 tons of garlic floating around the sea and coming back, causing heavy losses to Chinese enterprises. When people pay attention to who should be responsible for this, the South Korean side responded: go to the WTO and sue us!

Do you want to go to the WTO? How do you tell? Chinese enterprises have their own choices. However, the topic of "foreign lawsuit" caused by the garlic storm deserves attention and attention. In recent years, China's enterprises encountered many "foreign lawsuits", so it can be said that trade frictions and our country's second largest economies and the largest cargo trading countries are going hand in hand. Chinese enterprises, which are not well prepared, are often at a loss what to do in the face of sudden civil and commercial disputes. Combing the "foreign lawsuit" we encountered in recent years, Chinese enterprises won the lawsuit but lost more. Whether winning or losing, the cost of safeguarding rights through international arbitration and litigation is high, the difficulty is great, and the odds are slight.

On the one hand, enterprises are not well prepared to cope with international trade disputes. They are faced with the plight of shortage of talents and lack of experience. On the other hand, when enterprises are ready to fight against foreign lawsuits, they find that many international legal rules are so disadvantageous to themselves.

For a long time, on the international stage, the high level legal talents who can skillfully use foreign languages, master the international legal rules and safeguard the interests of the state are very scarce. They not only lack the right to speak in the formulation of international rules of law, but also lack a large number of professional teams who can come forward in the face of international disputes.

At the same time, the government and social organizations also lack the international thinking and responsibility. Huang Yongmin, President of the Xiamen maritime court, said that when the Chinese shipbuilding industry signed a shipbuilding contract with the foreign party, more than 90% chose "London arbitration" as a dispute resolution agency. However, in recent years, the Chinese shipyard's "London arbitration" case was almost completely annihilated. The reason is intriguing. Why do not we choose to arbitrate in China? The most important reason is that the domestic arbitration organization has not produced a decent form contract with domestic arbitration as its essential element for enterprises to choose.

Along with China's economic development and peaceful rise, with more Chinese enterprises going abroad and going deep into the blue, our country is badly in need of training a large number of talents who can represent China to engage in the formulation, implementation and dispute resolution of international laws.

To this end, the party put forward in the fourth Plenary Session of the 18th CPC Central Committee that we should promote economic and social affairs in accordance with the law, enhance our country's voice and influence in international legal affairs, and use legal means to safeguard China's sovereignty, security and development interests.

We must constantly improve the system of foreign laws and regulations, train international legal talents, actively participate in the formulation of international rules, strengthen foreign-related legal services, and adapt to the new pattern of opening up to the outside world as soon as possible so as to exchange the international rule of law environment that matches China's international status and serve the reform and development of the country better for the benefit of the people.