What compensation is there for the dismissal of the labor dispatch employer?

Dispatched employees, like ordinary workers, are required to pay severance or compensation if the employee is dismissed by the employer without fault.

If an employer terminates the labor relationship (or dismissal or dismissal) with an employee in the following three situations, it can be compared to which of the circumstances, if the economic compensation or compensation should be paid but is not paid, it can apply for labor arbitration within one year to protect its legitimate rights and interests:

1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid, that is, 2 months' salary shall be paid for every year of service, commonly known as 2n;

2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;

3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

If the dispatched employee is illegally dismissed by the dispatched company, the dispatched employee has the right to demand a certain amount of compensation from the company, which is the same as that of a regular employee. According to the provisions of the Labor Law, if a labor dispatch company dissolves or terminates a labor contract with a dispatched worker due to Article 46 of the Labor Contract Law or the circumstances specified in Articles 15 and 16 of these Regulations, it shall pay economic compensation to the dispatched employee in accordance with the law.

Generally, the amount of severance paid by the dispatch unit is calculated based on the number of years of service of the dispatched worker. One month's salary is paid to the worker for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

The employee establishes an employment contract relationship with the dispatching entity. The dispatching unit shall arrange the affairs of the employing unit.

Workers have no relationship with the employer, and are only paid workers.

There is no dismissal by the employer, but only the return of the worker to the dispatch company (there is no such thing as dismissal of the employee of another company). The Labor Contract Law does not provide for the payment of severance to the employees of the other company.

Labor dispatch personnel are personnel dispatched by the employer to the employer to work in the agreed position in accordance with the contract between the employer and the employer, and although they are bound by the rules and regulations of the employer, there is no direct relationship between them and the employer.

At the same time, the dispatched personnel are not entitled to claim severance from the employer, i.e., the dispatching entity. Because the dismissal of the dispatched employee by the employer does not mean that the employment relationship between the dispatched employee and the employer, i.e., the dispatching entity, the employment relationship between the two still exists, and the severance payment is the compensation for the employee who terminates the labor relationship. Therefore, the dispatcher cannot claim severance from the dispatching unit.

Analysis of the Law of Collapse: Labor Dispatch Employees, Like Ordinary Workers, if the Worker is dismissed by the employer without fault, he or she is required to pay severance or compensation.

Legal basis: Article 17 Where a labor dispatch entity dissolves or terminates a labor contract with a dispatched worker due to Article 46 of the Labor Contract Law or the circumstances specified in Articles 15 and 16 of these Provisions, it shall pay economic compensation to the dispatched worker in accordance with the law.

Labor Contract Law of the People's Republic of China Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or raises the labor contract for renewal under the agreed conditions, and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

1. Is there any compensation for the dismissal of dispatched personnel by the employer?

There is no compensation for the dismissal of dispatched workers by the employer in accordance with the law. According to the regulations, the employer may return the dispatched worker to the labor dispatch unit under any of the following circumstances:

1) The employing unit has any of the circumstances specified in Article 40, Paragraph 3 and Article 41 of the Labor Contract Law;

2) The employing unit has been declared bankrupt in accordance with law, has its business license revoked, ordered to close down, revoked, or decided to dissolve ahead of schedule, or no longer continues to operate after the expiration of its business period;

3) The expiration of the labor dispatch agreement is terminated.

During the period of non-work after the return of the dispatched workers, the labor dispatch unit shall pay them monthly remuneration in accordance with the minimum wage standard not lower than that stipulated by the local people.

2. What are the legal characteristics of labor dispatch?

1. Labor dispatch can only be implemented in temporary, auxiliary and substitute positions.

Labor dispatch is different from any previous form of labor production, it is a special form of production organization. On the one hand, when an employer is faced with an increasingly complex market demand, its own staff structure cannot meet the corresponding requirements of Nian Renshan, and this market demand is often temporary, auxiliary and diversified. On the other hand, the employees of the employer itself may also be temporarily unable to perform the work assigned by the employer due to their own factors, and such work is often replaceable. In the face of this temporary demand for employment, employers often do not adjust their own labor resource structure from the perspective of controlling production costs, but choose to temporarily hire the required personnel from the labor market.

2. There is no subordinate relationship between the employer and the dispatched worker.

In labor dispatch, the absence of any subordinate relationship between the employer and the employee is a very important feature, and after the employer signs a labor dispatch agreement with the dispatching entity, the dispatching entity will dispatch the appropriate employee to work in the employer in accordance with the agreement. In the process of working for dispatched workers, there is no need to sign a labor contract between the employer and the employee, so there is no formal labor relationship between them, and the dispatched worker only needs to pay the corresponding labor under the management and supervision of the employer, and the relevant employer pays the corresponding consideration to the dispatching unit, and the personnel management of the dispatched worker is carried out by the dispatching unit. Therefore, in the whole process of labor dispatch, there is no personnel management relationship or subordinate relationship between the employer and the dispatched worker.

If a dispatched employee is illegally dismissed, the dispatching entity shall compensate the employee in accordance with double the economic compensation, i.e., the employee shall be compensated for two months' wages for every year of service in the dispatching unit; where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, it is sufficient to compensate for one month's salary.

Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of service in the employer. if it is more than six months but less than one year, it shall be calculated as one year for Lu Fankai; If it is less than six months, the worker shall be paid half a month's salary. Article 48 of the Labor Contract Law of the People's Republic of China provides that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 of the Labor Contract Law of the People's Republic of China provides that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

After a dispatched employee is dismissed, there are two specific forms of compensation:

1. If the employer dismisses the dispatched employee, the dispatched employee will not receive compensation;

2. If the labor dispatch personnel are dismissed by the labor service company, the labor service company needs to compensate the labor service personnel in accordance with the relevant provisions of the labor contract and the labor law.

If the employer proposes to terminate the employment relationship, it is not required to pay any economic compensation or give advance notice, but the employer is required to provide evidence and notify the employee in writing to terminate the employment relationship.

In the labor dispatch, if the employer violates the law by terminating the labor contract of the dispatched worker, the labor dispatch unit and the employing unit Jian Zhengda shall jointly and severally bear the liability.

Article 46 of the Law of the People's Republic of China on Labor Preparation In any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the labor contract is terminated for a fixed period in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.