Is real dispatch and fake outsourcing within the scope of adjustment of labor arbitration?

In order to reduce the risk and trouble of employment, some units outsource cleaning, customer service, staff canteens, driver classes, parking lots, etc., and labor dispatch companies have become labor engineering companies, and the identity of dispatched workers has also become outsourced workers. With the exception of a paper contract, there is no change in the benefits and jobs of dispatch workers. Xiao Zhang, a labor dispatch employee who works at a telecommunications company, said that his company will hold a skills certification exam in the near future, and the leaders say that it is to improve the business level of employees, but in fact, they want to use this exam to terminate the labor dispatch contract with some employees, and the remaining personnel will be outsourced.

Dispatch workers, who are already inferior in the workplace, are looking forward to the introduction of new laws to protect us, but now they are about to become outsourced workers, and they may not receive financial compensation for terminating the contract, and their status is even lower. Xiao Zhang was a little emotional. In response to the concerns of dispatch workers about turning into outsourced workers, Manager Liu, who has been working as a dispatcher for 10 years, said:

Although the subject of the contract has changed, this operation does not harm the rights and interests of dispatched workers. As long as it is clearly stipulated in the contract, it will generally not affect the legitimate interests of the dispatch worker.

Legal analysis: In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. If the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Labor filial piety disputes must be filed for arbitration before filing a lawsuit with the court.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and leave, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in the region.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

Article 27 Paragraph 1 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

Legal Analysis: In the case where an employee provides labor services to an employer in the form of labor dispatch, if the rights and interests of the employee are harmed due to the reasons of the employer, the employee can not only take the labor dispatch enterprise with which the employee signed the labor contract as the defendant, but also list the specific employing unit as a co-defendant and require it to jointly bear the corresponding legal liability with the labor dispatch enterprise.

Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with the arbitral award, he or she may, except as otherwise provided in this Law, file a lawsuit with the people's court.