The company requires the employee to sign a contract with the dispatch company

After signing a contract with a labor company, there is no legal employment relationship between you and the current employer. The employer no longer has to bear the obligations of the employer.

If the labor contract has not expired, the employer shall pay severance for terminating the contract. You can refuse the visa, but the expiration unit will not renew the contract with you, and your job will be gone, but you can still get the severance payment for terminating the contract.

According to your current situation, the relationship between you and the company you are working for is a labor dispatch relationship, and the relationship between you and the dispatching company is the labor relationship. It is legitimate for the employing company to ask you to sign an employment contract with the dispatch company. I don't know which company pays and pays for your current salary and insurance.

If it's a dispatch company, there's no disadvantage. Signing a written employment contract is beneficial to the stability of your job.

Very disadvantageous! It means that you and the company's seniority are cleared! And doing the same thing in the future has nothing to do with the current company!

Be sure to refuse a visa! Such a company that takes great pains to calculate its employees doesn't do it! If you propose to the company to renew the labor contract, the premise is to sign with the company, not with the labor dispatch company, your company must not agree, and you can propose to pay economic compensation!

One month's salary for one year of service, not more than 12 months.

No, because this can infringe on the interests of employees, and if there is a salary problem in the future, employees will not be able to find the company.

In this way, the employee's salary is also paid by the labor dispatch company, in fact, signing the contract in this way is also more able to ensure the rights and interests of the employee.

No, you can sue the company directly. Because it is against the law. The employee must sign a contract with the company.

Legal analysis: Most companies are like this, it should be legal, but the dispatch generally cannot exceed one year.

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 <>

The employer may sign a contract with the dispatched employee. According to the relevant provisions of the Labor Contract Law of the People's Republic of China, the employer may sign a contract with the dispatched employee. For details, please refer to Article 9 of the Law

When an employer concludes a labor contract with an employee, it must follow the principles of voluntariness, equality, consensus, fairness and legality. The matters agreed upon by both parties shall not violate the mandatory provisions of laws and regulations, and shall not harm the legitimate rights and interests of the state, the collective and the workers. <>

Can an employer sign a contract with a dispatched employee?

Hello <>

The employer may sign a contract with the dispatched employee. According to the relevant provisions of the Labor Contract Law of the People's Republic of China, the employer may sign a contract with the dispatched employee. For details, please refer to Article 9 of the Law

When an employer concludes a labor contract with an employee, it must follow the principles of voluntariness, equality, consensus, fairness and legality. The two parties agreed that the matters of Yusen shall not violate the mandatory provisions of laws and regulations, and shall not harm the legitimate rights and interests of the state, the collective and the workers. <>

In addition, dispatched employees refer to workers who are recruited and managed by a human resources service agency and the employing unit to sign a labor dispatch agreement with the employing unit, and then dispatched to the employing unit to serve them. The labor dispatch agreement signed between the employer and the human resources service agency is a prerequisite for the dispatched employee to be legally employed by the employer. In addition, the employer should protect the legitimate rights and interests of the dispatcher in accordance with the relevant provisions of labor laws and regulations, including but not limited to working hours, rest and vacation, social insurance, etc.

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Is there any legal provision and basis for me to be able to sign directly with the employer as a labor dispatch worker?

According to the Labor Contract Law of the People's Republic of China, an employer may sign a dispatch agreement with the dispatching entity and hire labor dispatch personnel, but the law does not stipulate that labor dispatch personnel may sign a contract directly with the employing unit.

Labor dispatch companies and dispatched employees are required to sign labor contracts. According to Article 2 of the Interim Provisions on Labor Dispatch, these Provisions shall apply to the use of dispatched workers by enterprises (hereinafter referred to as "employers") when labor dispatch units engage in labor dispatch business. Partnership organizations such as accounting firms and law firms established in accordance with the law, as well as organizations such as clan royals and private non-enterprise units, shall use dispatched workers in accordance with these provisions.

Article 5 A labor dispatch unit shall, in accordance with the law, conclude a fixed-term written labor contract with the dispatched worker for a period of more than two years. Article 6 A labor dispatch unit may agree on a probationary period with the dispatched worker in accordance with the law. A labor dispatch entity and the same dispatched worker can only agree on a probationary period once.

Extended information: According to Article 7 of the Interim Provisions on Labor Dispatch, the labor dispatch agreement shall contain the following contents:

1) The name and nature of the post to be dispatched;

2) the location of the work base;

3) The number of dispatched personnel and the duration of the dispatch;

4) The amount of labor remuneration and the method of payment determined in accordance with the principle of equal pay for equal work;

5) the amount of social insurance premiums and the method of payment;

6) Working hours, rest and leave matters;

7) The relevant treatment of the dispatched worker during the period of work-related injury, childbirth or illness;

8) Labor safety and health and training;

9) Economic compensation and other expenses;

10) The duration of the labor dispatch agreement;

11) The method and standard of payment for the service fee of the labor dispatch;

12) Liability for breach of labor dispatch agreement;

13) Other matters that laws, regulations, and rules provide shall be included in the labor dispatch agreement. Article 8 A labor dispatch unit shall perform the following obligations to the dispatched workers:

1) Truthfully inform the dispatched worker of the matters stipulated in Article 8 of the Labor Contract Law, the rules and regulations to be complied with, and the content of the labor dispatch agreement;

2) Establish a training system to educate and train dispatched workers on job knowledge and safety;

3) In accordance with national regulations and labor dispatch agreements, pay the labor remuneration and related benefits of dispatched workers in accordance with the law;

4) In accordance with national regulations and labor dispatch agreements, pay social insurance premiums for dispatched workers in accordance with the law, and go through social insurance related procedures;

5) Supervise and urge the employing unit to provide labor protection and labor safety and health conditions for dispatched workers in accordance with the law;

6) Issuing a certificate of dissolution or termination of the labor contract in accordance with the law;

7) Assist in handling disputes between dispatched workers and employers;

8) Other matters provided for by laws, regulations, and rules.