Can The Dispatched Worker Resign To The Employer?

[case] in February 2012, Li signed a labor contract with a Human Resources Inc for 2 years, and Human Resources Inc sent Lee to a metal company for production.

In October 9, 2013, Li spoke to the manager of the human resources department of the metal company and approved the application. He left the metal company 3 days later.

In November 10, 2013, the Human Resources Inc lifted the labor relationship with Li on the grounds of Lee serious violation of discipline (continuous absenteeism for more than 15 days), and served the notice of relieving labor relations by mail to Li.

In December 9, 2013, Li applied for arbitration to the labor and personnel dispute arbitration department on the grounds that the Human Resources Inc did not pay the pension insurance fee for him, and demanded the termination of labor relations with Human Resources Inc, and demanded that Human Resources Inc pay economic compensation.

[argument] the key question in this case is whether Lee's resignation is effective, that is, whether the dispatched worker resigns from the employment unit is effective?

So-called

It is the labor contract between the labor dispatch agency and the dispatched labor, which is paid to the dispatched labor by the enterprise (the actual employment unit).

In the labor dispatch relationship, there are three parties, namely, the laborers, the labor dispatch units and the employing units that receive the labor dispatch.

Among them,

Only labor dispatching units, namely, labor dispatching units, are the employer units stipulated in the labor law, rather than labor dispatch.

。

Because there is no labor relationship between the employing units and the workers receiving the labor dispatch, the employing units can not directly expel or dismiss the dispatched workers.

When a situation is prescribed by law, the employing unit may return the dispatched worker to the labor dispatch unit, and determine whether the labor relationship between the dispatched worker and the dispatched worker shall be relieved by the labor dispatching unit.

The employing unit can not accept the resignation submitted by the dispatched worker, and can accept the resignation of the dispatched worker only with the labor dispatch unit that establishes the labor relationship.

In this case, a Human Resources Inc's labor dispatch unit, a metal company, is the employment unit dispatched by labor dispatch, and Li is a dispatched worker.

There is labor relationship between Li and a Human Resources Inc, and there is no labor relationship with a metal company.

Li resigned to a metal company which did not have any labor relations, even if it was approved by a metal company, it would be invalid.

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Xu is a worker of a food processing company in Xi'an. The monthly salary is 2000 yuan, and he works 12 hours a day.

Because holidays are the peak season for food sales, during the Spring Festival of 2015, the company did not give him a holiday. Instead, he promised to give Xu yuan a daily subsidy of 50 yuan. Xu wanted to know whether the company's practice was in line with the state regulations.

In May 1, 1995, the regulations on the working hours of workers were made clear that the workers worked 8 hours a day and worked 40 hours a week.

The food company makes Xu work 12 hours a day, which is obviously against the national policy.

According to the regulations of the State Council on 2007, the national holidays and holidays, the statutory holidays are three days (New Year's Eve, the first and the second day of the first month).

According to the labor law and relevant national policies, employers should arrange holidays for workers during the following festivals: (1) 1 days of new year's day; (two) 3 days of the Spring Festival; (three) the 1 day of Qingming Festival; (4) 1 days of International Labour Day; (five) 1 days of the Dragon Boat Festival; (six) 1 days of the Mid Autumn Festival; (1) the national day.

In general, the employer shall not arrange for workers to work on statutory holidays in the following circumstances: 1. natural disasters, accidents or other causes, which pose a serious threat to the safety and health of the people and the state assets, need to be urgently addressed; 2. production equipment, pportation lines, and public facilities failure, affecting production and public interests, must be promptly repaired; 3., it is necessary to make use of statutory holidays or public holidays during the period of production maintenance and repair; 4., to complete the urgent tasks of national defense, or to complete other urgent production tasks arranged by the superiors outside the state plan, and to complete the urgent tasks of purchasing, pporting and processing agricultural and sideline products in the busy season.

Even under these circumstances, employees must be arranged to make up for rest during the statutory holidays. According to the provisions of the labor law, 300% of the wages paid to workers should be paid.

According to Xu's description, Xu's company seriously violated the right of workers to rest on statutory holidays. The company's allowance for holiday holidays was significantly lower than that of the statutory wage. Therefore, Xu should actively advocate a compensation for the rest or 300% of wages.