The Dispatching Unit Of The Employing Unit Must Bear Joint And Several Liability.

In June 1, 2016, Xiao Li signed a labor contract with a labor dispatching company in June 1, 2016. In the contract, the two sides agreed that the labor dispatching company would dispatch Xiao Li to a furniture manufacturing company to work as an operator, with a monthly salary of 3000 yuan. At the same time, it was agreed that Xiao Li violated the rules and regulations of furniture manufacturing companies as a violation.

The company's rules and regulations.

In August 19, 2016, because of the quarrel between Xiao Li and the department leaders, the furniture manufacturing company was returned to the labor dispatch company on the grounds of violating the rules and regulations, and the labor dispatch company immediately lifted the labor contract with Xiao Li for that reason.

Xiao Li believes that the termination of the labor dispatching company is illegal. Then the labor dispatch company and the furniture manufacturing company apply for arbitration for the respondent, requiring the two company to pay 3000 yuan for the compensation for breaking the labor contract illegally.

After the Arbitration Commission found that Xiao Li did not violate the rules and regulations, the ruling supported Xiao Li's arbitration request.

[case analysis] Gu Yanyan, lawyer of Tianjin beating law firm, believes that the legal issues worthy of comment in this case are three main points: 1.. What is the legal relationship between Xiao Li and labor dispatching companies and furniture manufacturing companies? 2. what rights can Xiao Li claim in the case of illegal Rescission in the case? 3., how does the labor dispatching company and furniture manufacturing company assume responsibility for Xiao Li's claim?

This case involves the issue of labor dispatch. In this case, the labor dispatch company is the employer of Xiao Li. It should fulfill the obligations of the employer to the laborers, such as signing labor contracts with the dispatched workers, and paying labor remuneration on a monthly basis.

The furniture manufacturing company in this case is the actual employment unit of Xiao Li, whose main obligation is to provide the laborers with the corresponding labor conditions and labor protection, inform the dispatched workers of their work requirements and labor remuneration, pay overtime, performance bonuses, and provide welfare benefits related to their jobs.

Two. What rights can Xiao Li advocate in the case of illegal Rescission in this case?

In this case, the labor dispatch unit is in violation of the company's rules and regulations and is relieved of the violation of the company's rules and regulations.

In this case, according to the forty-eighth article of the labor contract law, "if the employer violates the provisions of this law to terminate or terminate the labor contract, if the worker requests to continue to perform the labor contract, the employing unit shall continue to perform. If the worker fails to continue to perform the labor contract or the labor contract can not continue to perform, the employer shall pay the compensation in accordance with the eighty-seventh provision of this law."

Xiao Li can claim to continue to fulfil the labor contract or to pay damages.

In this case, Xiao Li's claim for compensation is based on the eighty-seventh article of the labor contract law: "if the employer violates the provisions of this law, it shall pay the laborer the compensation in accordance with two times the economic compensation standard stipulated in the forty-seventh provision of this law."

The forty-seventh one is: "economic compensation is paid by laborers according to the number of years worked by the laborers in their units, and the wages paid for one month per full year."

Those who are less than six months old or less than one year shall pay the laborers half a month's wages in accordance with one year's calculation and those who are less than six months.

According to the regulations, in conjunction with Xiao Li's monthly salary of 3000 yuan, the Arbitration Commission decided that the arbitration request to support Xiao Li's 3000 yuan compensation is in conformity with the law.

The eighty-seventh clause of the labor contract law stipulates that the employer should bear the liability of compensation in the case of illegal rescission of labor contracts. However, combined with this case, it can be seen that there are two main responsibilities of employing units and employing units in the labor dispatch relationship. Moreover, in the process of lifting the contract with Xiao Li, the employing unit, namely, the furniture manufacturing company, also has some faults, so the situation in this case is different from the general labor relations.

In this regard, the ninety-second provision of the labor contract law stipulates that: "the employing units are liable for damages to the dispatched workers, and the labor dispatching units and the employing units shall be jointly and severally liable."

Therefore, for Xiao Li's claim for compensation, labor dispatching companies and furniture manufacturing companies should be jointly and severally liable.

To sum up, in the labor dispatch relationship, the labor dispatch unit, namely the employing unit and the employing unit, fulfil different obligations to the laborers, but the labor dispatching unit and the employing unit bear joint and several liability for damages caused by the employing units to the dispatched workers.

Therefore, if the dispatched worker is to initiate arbitration, the labor dispatch unit and the employment unit shall be the co respondent.

The labor dispatching units and the employing units should also clarify their respective obligations and their respective responsibilities in the event of disputes, while maintaining the legitimate rights and interests of labourers and themselves.

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