What is a secondment relationship? In the event of a labor dispute, who should the employee claim ri

Secondment refers to a temporary employment relationship in which an employer lends an employee to another unit for use, and the employee accepts the management of the other employer during the secondment period. In the secondment labor relationship, the employee is only temporarily borrowed, and the labor relationship still exists between the parties to the original labor contract, so the employee can only claim the relevant contractual rights such as the right to claim wages from the original employer, but the secondment unit has the obligation to pay attention to the safety of the seconded employee, and shall also be liable for compensation for the damage caused by the employee's fault. In the case where there is a connection between the employee and multiple employers, it is most in the interests of the employee to judge the labor relationship based on the existence of the labor insurance relationship with the employer.

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Legal analysis: Secondment refers to the legal relationship formed by an employer seconding an employee to another employer for a certain period of time through a secondment or labor agreement, and accepting the instructions and management of the employer.

Legal basis: Article 43 of the Regulations on Work-related Injury Insurance Where an employer is divided, merged or transferred, the successor unit shall bear the work-related injury insurance liability of the original employer; If the original employer has already participated in the work-related injury insurance, the successor unit shall go to the local agency to handle the registration of the work-related injury insurance.

If the employer implements contracted operation, the liability for work-related injury insurance shall be borne by the unit where the employee's labor relationship is located.

If an employee is injured in a work-related accident while on secondment, the original employer shall bear the liability for work-related injury insurance, but the original employer and the secondment unit may agree on a compensation method.

If an enterprise goes bankrupt, it shall pay the work-related injury insurance benefits that should be paid by the unit at the time of bankruptcy liquidation.

In layman's terms, secondment refers to the situation in which an employee is arranged to work from one employer to another without changing the employment relationship. Secondment is not strictly a labor law concept, but the act is very common in practice. In particular, it is more common in the case of state organs, large state-owned enterprises, public institutions or social organizations borrowing personnel from subordinate units or other units in order to solve the shortage of staff.

In addition to the above-mentioned entities, secondments also occur frequently within some large private enterprise groups and between private enterprises under the same controller. If there are multiple subsidiaries of a group company, since the subsidiaries have independent legal personality and independent employment rights, they can directly sign labor contracts with employees and establish labor relations, so if employees are transferred between the group and its subsidiaries, it will involve a change in the direct employment entity, so the corresponding labor contracts must be dealt with accordingly. Generally speaking, there are two situations in which an employee is seconded within the group: one is to retain the labor relationship with the original company and be seconded to the new company; Another circumstance is to terminate the labor contract with the original company and establish an employment relationship with the new company.

For the first case, it is an internal secondment of the employee, the labor relationship with the original company is still retained, the working years are calculated continuously, and the social insurance premiums are still paid in the original company, but the specific who will pay the wages and who will bear the social insurance expenses need to be agreed by the two companies through the employee secondment agreement, and the daily management of the specific employee also depends on the agreement of the secondment agreement between the two parties. In the second case, it is a change in the subject of the labor contract, so it is necessary to terminate the original labor contract and sign a new labor contract with the new company. Whether or not an employment contract is subject to severance depends on the manner of termination and whether the new company inherits the obligations of the original contract.

If the new company acknowledges the years of service of the original company, then the years of service are counted consecutively, and the termination of the original contract can be initiated by the employee, and no severance is payable. If the new company is unwilling to carry over the years of service under the original contract, it will be required to pay termination compensation if the original contract is terminated. If the subject of the labor contract is changed, after the labor contract is changed, the original company needs to transfer the employee's social security relationship to the new company, and the new company will manage it according to its own employees.

It can be seen that it is very necessary to understand the secondment of labor relations. The phenomenon of secondment of labor relations is widespread, although it has various forms, but as we workers, we should pay attention to our own vital interests, when our interests are violated, we must know who to complain to, and in the secondment of personnel, we must also improve the relevant legal system. In this way, the legal risks arising from secondment can be avoided to the greatest extent.