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".

　　河北华盛通达律师事务所李宏伟律师向记者介绍，根据《中华人民共和国劳动合同法》对劳务派遣的规定，被派遣劳动者存在如下情形之一的：在试用期间被证明不符合录用条件的;严重违反用人单位的规章制度的;严重失职，营私舞弊，给用人单位造成重大损害的;劳动者同时与其他用人单位建立劳动关系，对完成本单位的工作任务造成严重影响，或者经用人单位提出，拒不改正的;以欺诈、胁迫手段或乘人之危，使对方在违背真实意思的情况下订立或者变更劳动合同致使劳动合同无效的;被依法追究刑事责任的;劳动者患病或者非因工负伤，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安排的工作的;劳动者不能胜任工作，经过培训或者调整工作岗位，仍不能胜任工作的，用工单位可以将劳动者退回劳务派遣单位，劳务派遣单位依照法律有关规

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.