Labor law Labor dispatch contract only comes if you understand it

1. In labor arbitration, the employer needs to provide evidence for unsubstantiated words.

2. If you are incompetent, you need to explain the competency conditions, and the competency conditions are reasonable and can indeed be completed. This condition is not valid if no one is competent in the case.

3. Regardless of whether you sign a dispatch contract or not, the other party of your labor relationship needs to compensate you for your dismissal. Compensation is based on one month's salary (average over the past 12 months) for each year of service. You will also need to be notified 30 days in advance.

If no notice is given, one month's salary will be paid as a pending notice. If the compensation agreement is not signed, do not sign anything. Get more written materials from the unit, and don't leave any written materials for the unit.

If you are expelled, you will leave immediately, what kind of treatment is there、、、

If the reason for the expulsion is true, then there is no need to say it.

In the case of labor dispatch, you sign a labor contract with the employer, and the employer pays wages, etc., and your leader should be the employer. Is there a right to fire you? 2. At the same time, the dismissal must be in accordance with the contract or the law, so it should be reasonable and legal to dismiss you because you are incompetent, otherwise you will be dismissed, and you can go to the labor department to file a labor arbitration.

First of all, if you are not on probation, you can be dismissed for the reason that you are not qualified for your current job during the probationary period. After the probationary period, if you are not qualified for your current job, you must first be transferred or trained, and if you are not competent, you can only terminate the contract, and in this case, you will need to pay you severance payment. If you do not transfer or train, you will be paid compensation (double severance payment).

If you sign a labor dispatch contract, then your corresponding employer is a labor dispatch company, and the employer you actually work for can return you to the labor dispatch company, and the labor dispatch company will arrange for you to adjust your work. You are asking for compensation against the labor dispatch company.

1. If you are not competent for your current job and should be transferred, or you will be dismissed if you are not transferred, you may request the unit to pay compensation for illegal termination of the labor contract, and the calculation standard shall be calculated at twice the economic compensation;

2. After being transferred in accordance with the procedures prescribed by law, those who are still incompetent for the job and are dismissed can get economic compensation.

In addition, if a labor dispatch contract is signed, and the unit that pays the above compensation or compensation is the dispatching entity, the dispatching unit and the work unit may be listed as the respondent in the re-arbitration.

Legal analysis: To operate the labor dispatch business, it shall apply to the labor administrative department for an administrative license in accordance with the law; If the source is allowed to be destroyed, the corresponding company registration shall be handled in accordance with the law. Without permission, no unit or individual may operate labor dispatch business.

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

Article 57 The following conditions shall be met for the operation of labor dispatch business:

1) The registered capital shall not be less than RMB 2 million;

2) Have a fixed place of business and facilities suitable for carrying out business;

3) Have a labor dispatch management system that complies with the provisions of laws and administrative regulations;

4) Other conditions provided for by laws and administrative regulations.

To operate labor dispatch business, it shall apply for an administrative license from the labor administrative department in accordance with the law; If it is permitted, the corresponding company registration shall be handled in accordance with the law. Without permission, no unit or individual may operate labor dispatch business.

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 a labor dispatch unit and a dispatched worker shall also specify the employing unit of the dispatched worker, the duration of the dispatch, 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.

The law stipulates that when dispatching workers, the labor dispatch unit shall sign a labor dispatch agreement with the employing unit, and the agreement shall stipulate the number of positions and personnel to be dispatched; the duration of the dispatch; The amount and method of payment of labor remuneration and social insurance premiums, as well as the liability for breach of agreement.

Legal basis] Article 58 of the Labor Contract Law of the People's Republic of China.

The labor dispatch unit is the employer referred to in this Law, and shall perform the obligations of the employer to the employee. 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 indicate the dispatched worker's employing unit, dispatch period, and job position.

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 dispatching a worker shall enter into a labor dispatch agreement with the entity accepting 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.

You will not know if the agreement between the employer and the dispatch company will let you know if the salary agreed between them is different from the salary you actually received from the dispatch company. Maybe the employment contract in your own hand does not comply with the law at all (you are a job seeker, and you are not afraid of losing your job to fight with the company, but more people just work silently. If the employer needs you very much, it will sign a contract with you directly, and it will not sign a dispatch agreement.

Sign the dispatch is that they save trouble, and there is no less than one of you.

Both statements are inaccurate, this salary refers to the remuneration paid by company B after you sign a labor contract with company A and are assigned to work in company B.

The wages paid to the workers by the labor dispatch unit.