Dispatched employees are transferred to a new company

Employees sign a contract with dispatch company A to become employees of company A, and company A sends them to work in your company.

You can ask the employees of Company A to terminate their employment contracts with Company A, and request that the new labor dispatch agency, Company B, must hire these employees, and then these employees can be dispatched to continue working in your company as employees of Company B.

Employees who submit a resignation letter in writing or email (with good evidence) 30 days in advance can leave the company after 30 days without other restrictions (except for the terms of the supplementary agreement to the labor contract such as non-competition and large-scale training).

According to the formal labor law and work process, you need to terminate the labor contract with Company A first, because the labor contract has not expired, you need to pay liquidated damages to the employee and then sign the labor contract with Company B.

In reality, it is generally possible to negotiate with the employee, and the employee can take the initiative to resign from Company A 30 days in advance, and then sign a labor contract with Company B. In this way, you can negotiate with the employee, and after the labor contract is transferred to Company B, you can keep the original length of service and the original treatment for everyone, as long as the employee agrees, everything can be done.

1. It depends on the nature of the work of the dispatched employees you need, which determines how to analyze whether they have an additional contractual relationship with the original dispatching unit, such as a training agreement (that is, the unit pays for them to train), which will generally require compensation;

2. It depends on whether your intentions are known to the original dispatching unit, and you are doing it openly and operating secretly.

3. Do it clearly: with the employees in your photo in the previous continuation employment agreement, or directly with them to find out that they want to continue to hire in the form of dispatch employment, but need them to change the dispatch company, you can talk to them about how the original dispatch company is too (make it up yourself), and ask them to terminate the labor contract relationship, but there is no loss of money to ask for 1 month before it can be terminated;

4. Do it according to: privately pick out the employees in your picture, suggest that they find the original unit to make up an excuse to take a long leave, and resolutely do not say the reason, under normal circumstances, the original unit will ask them to resign, and you pretend to be sorry, and you will soon get your wish;

5. If you can't do it, then mimi me;

6. Remember to add extra points.

Legal analysis: From a legal point of view, a labor dispatch company shall pay you economic compensation according to your length of service with the labor dispatch company according to your length of service in the labor dispatch company, one month's salary for each full year, half a month's salary for less than half a year, and one month's salary for less than half a year. You can apply for labor arbitration free of charge from the labor arbitration commission of the local county.

Legal basis: Labor Contract Law of the People's Republic of China

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Article 59 A labor dispatch entity shall enter into a labor dispatch agreement with the unit that accepts the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement.

The employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

Article 60 The labor dispatch unit shall inform the dispatched worker of the contents of the labor dispatch agreement.

The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement.

Labor dispatch units and employing units shall not collect fees from dispatched workers.

Summary. Hello <>

During the labor dispatch period, it is generally not possible to transfer employees to other companies. According to the relevant provisions of the Labor Contract Law of the People's Republic of China and the Interim Provisions of the People's Republic of China on the Administration of Labor Dispatch, labor dispatch refers to a form of employment established between an employer and a labor dispatch agency, in which the labor dispatch agency provides labor services to the employer to engage in labor activities, and the employer pays the labor service costs. In this case, the labor dispatch agency is the subject of the labor contract, and the labor dispatch agency shall provide the employer with labor services that meet the requirements in accordance with the law.

Therefore, during the labor dispatch period, the labor dispatch agency should not transfer its dispatched employees to work in other companies. If this happens, the employee may face liability for breach of contract, and the labor dispatch agency may also be deemed to have violated the relevant laws and regulations.

Can I transfer an employee to another company during the labor dispatch period?

Hello <>

During the labor dispatch period, it is generally not possible to transfer employees to other companies. According to the relevant provisions of the Labor Contract Law of the People's Republic of China and the Interim Provisions of the People's Republic of China on the Administration of Labor Dispatch, labor dispatch refers to a form of employment established between an employer and a labor dispatch agency, in which the labor dispatch agency provides labor services to the employer to engage in labor activities, and the employer pays the labor service costs. In this case, the labor dispatch agency is the main body of the labor contract, and the labor dispatch agency shall provide the employer with labor services that meet the requirements in accordance with the law.

Therefore, during the labor dispatch period, the labor dispatch agency should not transfer its dispatched employees to work in other companies. If this happens, the employee may face liability for breach of contract, and the labor dispatch agency may also be deemed to have violated the relevant laws and regulations.

It should be noted that although the labor dispatch agency cannot transfer employees at will, it can transfer employees under special circumstances, such as the application of the employee himself or after mutual agreement of both parties. In addition, after the expiration of the labor dispatch period, if the user needs to continue to use the employee, it should have guessed that it should re-sign the labor contract with the labor dispatch agency or directly sign the labor contract with the employee.

In other words, we are under the management of labor dispatch, and during this period, our company will hand us over to other companies to manage, is this reasonable?

Irrationality. It is not possible to put it.

Yes, it cannot be managed by other companies.

Now this new company is training us.

And it's strict.

If it's training, it's fine, but it's not okay to follow other companies to work.

Could it be that your company asks another company to train you?

Now it's about listening to them and training us.

Do you have any contracts with another company?

Summary. When an employee switches to labor dispatch, he or she may request the original employer to pay the corresponding severance payment, with the aim of making a complete break with the previous employment relationship.

When an employee switches to labor dispatch, he or she may request the original employer to pay the corresponding severance payment, with the aim of making a complete break with the previous employment relationship.

Can you tell us more about that?

Labor dispatch is a special labor relationship that involves the employer, the employing unit and the worker. In this case, the employer has no labor relationship with the employee, so when the employee is transferred to labor dispatch, it is actually a change of the employer, that is, a change in the subject of the labor relationship, so the original employer should dissolve or terminate the labor relationship with the employee as soon as possible and pay the corresponding economic compensation in accordance with the provisions of the Labor Contract Law. The worker then signs a labor contract with the labor dispatch agency to establish an employment relationship.

The advantage of this treatment is that the two employment relationships are clear, and the previous relationship will not be involved when it comes to rescission or termination in the future.