Dismissal Of Labor Dispatch Workers Can Not Be "Capricious".

In order to save labor costs, labor dispatching is one of the main ways for many enterprises to choose.

However, after the promulgation of the new labor contract law, the employment risk associated with labor dispatch has also increased.

In the process of dispatching labor, how can enterprises reduce the legal risks associated with them?

It sounded the alarm.

Event:

The dispatched employees were returned on the grounds of "no posts".

Cui and other 7 workers signed a written labor contract with a labor dispatch service center in Chengde. They were dispatched to a communication company for base station maintenance work in April 2004. In May, a labor dispatch service center in Chengde began to pay social insurance for them.

In 2009 and 2012, Choi and the labor dispatch service center signed a written labor contract for 3 years respectively.

In March 2014, a communication company adjusted its position to adjust the logistics to Cui. In April 11th, Cui and 6 other dispatched workers were returned to a service dispatch center in Chengde because of the cancellation and adjustment of their jobs.

Subsequently, the labor dispatch center was negotiated with the 7 people through face-to-face interviews and Chengde daily announcements.

In addition to Cui Mou, the other 6 have gone through the relevant procedures and received corresponding compensation.

Cui submitted an application to the labor dispute arbitration committee, requesting the cancellation of the decision of a labor dispatch service center to terminate the labor contract.

After the trial, it ruled that the decision to remove the contract from Chengde's labor dispatch service center should be cancelled.

He said:

Dismissal of labor dispatch workers can not be "capricious".

　　河北華盛通達律師事務所李宏偉律師向記者介紹，根據《中華人民共和國勞動合同法》對勞務派遣的規定，被派遣勞動者存在如下情形之一的：在試用期間被證明不符合錄用條件的;嚴重違反用人單位的規章制度的;嚴重失職，營私舞弊，給用人單位造成重大損害的;勞動者同時與其他用人單位建立勞動關系，對完成本單位的工作任務造成嚴重影響，或者經用人單位提出，拒不改正的;以欺詐、脅迫手段或乘人之危，使對方在違背真實意思的情況下訂立或者變更勞動合同致使勞動合同無效的;被依法追究刑事責任的;勞動者患病或者非因工負傷，在規定的醫療期滿后不能從事原工作，也不能從事由用人單位另行安排的工作的;勞動者不能勝任工作，經過培訓或者調整工作崗位，仍不能勝任工作的，用工單位可以將勞動者退回勞務派遣單位，勞務派遣單位依照法律有關規

It can terminate the labor contract with the workers.

In this case, a communication company has an illegal act to return the applicant to the dispatch service center on the grounds of "cancellation of the post and adjustment". If the dispatched worker returns, the labor dispatch unit shall pay the monthly remuneration according to the minimum wage stipulated by the local people's Government during the period of no work.

However, in this case, the labor dispatch service center decided to terminate the contract with the applicant with the inability to recommend suitable posts, which violated the law.

Therefore, labor arbitration supports Cui's decision to rescind the contract.