Avoiding Employment Risk: Obeying The Law Is The Way To Win.

In practice, the simplification and formalization of the recruitment process of the employing units do not pay attention to the entry examination, and take the lead of the labor market as their own. Despising the entry examination will bring great risks to the employers' employment.

For example, employ other laborers who have not yet terminated or terminated labor contracts with other employers.

Where losses are caused, the enterprise shall bear joint and several liability for compensation.

When recruiting laborers, enterprises should be required to provide them with the former units.

Or terminate the labor contract certificate and retain the original.

If not lifted

It requires the original unit to issue a written confirmation of the entry of the employee.

At the same time, the authenticity of the personal data of laborers should be verified so as to avoid unpredictable litigation risks.

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Compared with the revised labor contract law, the ninety-second article of the revised labor contract law changes the parties between the employing unit and the labor dispatching unit to each other unilaterally and jointly with the employing unit.

The form of mutual expression is that the law does not limit liability, and the main body or any joint and several liability subjects should bear joint and several liabilities. Unilateral joint and several liability refers to the joint and several liability entities who bear joint and several liability for the damage caused by the behavior of a specific party, which is mainly reflected in the economic giant's responsibility for the economic weak, such as the joint guarantee in the guarantee law.

The labor dispatching unit is the employing unit, and it should assume all the obligations of the employing party. The employing units should be responsible for the fact that the dispatched workers are in the process of their control and should not assume all the employer responsibilities of the dispatched units.

When the dispatched units cause damage to the workers, the employing units do not have any accountability or difficulty.

On the contrary, if the employing unit has the unpaid overtime, performance bonus, welfare related treatment and so on, it will cause losses to the dispatched workers. For the dispatch unit is the consideration of the employer and the risk that the worker can not receive the compensation, the labor dispatch unit and the employment unit shall be jointly and severally liable.

According to the provisions of the labor contract law, the obligations of employers in the traditional sense are mostly allocated to the employing units, and the responsibility of the dispatched units is relatively small. The situation that the dispatched units are injures the rights and interests of the workers is relatively small. The legal operation of the dispatched units is the focal point of the government's management and supervision of the dispatching industry, and the possibility that the dispatched units do not fulfill these obligations is less likely. Therefore, the unilateral party will not lead to inadequate compensation for the damages of the dispatched workers.

Some people have questioned this amendment. Labor dispatch is widely used in state-owned enterprises, public institutions and state organs, and the fastest growing ones are state-owned enterprises. The economic capacity of the above employment units is undoubtedly stronger. However, the revision of the labor contract law focuses on the dispatch of units in the distribution of legal responsibilities, which is not conducive to the suppression of the abuse of labor dispatch, nor to the protection of laborers' interests.

The current situation of labor dispatch in China is actually that the economic capacity of the employing units is stronger than that of the labor dispatch units. It is precisely from this actual state that many courts, in handling labor dispatch disputes, do not distinguish the main body or the cause of the damage, so as to avoid the violation of the legitimate rights and interests of the workers from the sending units and the employing units. Instead, they decide the joint and several liability of the dispatching units and the employing units.

This is particularly evident in the liability of industrial injury insurance.