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.

Choi and other 7 workers signed a written service with a labor dispatch service center in Chengde.

In April 2004, he was dispatched to a communication company to do the maintenance work of the base station. 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 through interviews, the Chengde daily bulletin and other ways to negotiate with the 7 people to terminate the labor relations, except for Cui, 6 other people have done relevant procedures and receive the corresponding

。

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 hearing the Labor Arbitration Commission

: the decision of cancelling a contract made by a labor dispatch service center in Chengde is cancelled.

　　河北華盛通達(dá)律師事務(wù)所李宏偉律師介紹，根據(jù)《中華人民共和國(guó)勞動(dòng)合同法》對(duì)勞務(wù)派遣的規(guī)定，被派遣勞動(dòng)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(yán)重違反用人單位的規(guī)章制度的;嚴(yán)重失職，營(yíng)私舞弊，給用人單位造成重大損害的;勞動(dòng)者同時(shí)與其他用人單位建立勞動(dòng)關(guān)系，對(duì)完成本單位的工作任務(wù)造成嚴(yán)重影響，或者經(jīng)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(duì)方在違背真實(shí)意思的情況下訂立或者變更勞動(dòng)合同致使勞動(dòng)合同無(wú)效的;被依法追究刑事責(zé)任的;勞動(dòng)者患病或者非因工負(fù)傷，在規(guī)定的醫(yī)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(dòng)者不能勝任工作，經(jīng)過(guò)培訓(xùn)或者調(diào)整工作崗位，仍不能勝任工作的，用工單位可以將勞動(dòng)者退回勞務(wù)派遣單位，勞務(wù)派遣單位依照法律有關(guān)規(guī)定，可

To 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.