Can an employee maintain an employment relationship with both employers at the same time?

The Labor Contract Law does not prohibit an employee from maintaining an employment relationship with two employers at the same time, but the employer may terminate the employment contract if the employee establishes an employment relationship with another employer at the same time, which has a serious impact on the completion of the work tasks of the employer, or if the employer refuses to make corrections upon the employer's request.

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

Article 39The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

(4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Paragraph 2 of Article 17 of the Labor Law stipulates that a labor contract shall have legal effect immediately after being concluded in accordance with the law, and the parties must perform the obligations stipulated in the labor contract. Article 24 provides:

The labor contract may be terminated by mutual agreement of the parties to the labor contract. Article 31 stipulates that an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.

If the employee has not terminated the labor relationship with the original employer, i.e., signed a labor contract with another employer, the signed labor contract is invalid, and in accordance with Article 99 of the Labor Law, if the employer recruits a worker who has not terminated the labor contract and causes economic losses to the original employer, the employer shall be jointly and severally liable in accordance with the law.

Legal Analysis] According to the relevant laws and regulations, an employee may establish an employment relationship with two units at the same time. , but there are still some issues to be aware of. This only involves the case of full-time employment, and part-time employment is not within the scope of this application.

According to the law, if an employee establishes an employment relationship with another employer at the same time, which affects the completion of the work tasks of the employer, or refuses to make corrections after being pointed out by the employer, the employer may terminate the labor contract at any time. When an employee establishes an employment relationship with two employers at the same time, the following situations generally occur: first, if the work of one of the employment relations affects the work of the other employment relationship, the affected employer may terminate the employment relationship with the employee at any time; Second, if the employer expressly prohibits the employee from establishing an employment relationship with another employer, and the employee does not terminate the employment relationship with the other employer, the employer may terminate the employment relationship with the employee at any time; (3) If the worker causes losses to the employer that established the labor relationship earlier, the employer that established the labor relationship later shall be jointly and severally liable for compensation.

Legal basis] Labor Law of the People's Republic of China Article 99 Where an employer recruits a worker whose labor contract has not been terminated and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in accordance with law.

Legal Analysis: No, the employee cannot establish a dual employment relationship. The employer may terminate the labor contract if the employee falls under any of the following circumstances:

The employee establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request. Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements; 2) Seriously violating the rules and regulations of the employer; 3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; 5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; 6) Those who have been pursued for criminal responsibility in accordance with law.

Legal Analysis: A labor inspector cannot establish an employment relationship with multiple employers at the same time.

Legal basis: Article 69 of the Labor Contract Law of the People's Republic of China A worker engaged in part-time employment may conclude a labor contract with one or more employers;

However, the subsequent conclusion of the labor clearance contract shall not affect the performance of the labor contract concluded earlier, which shows that the establishment of a part-time employment relationship between an employee and two or more employers has a legal basis and is not prohibited or restricted by law.

Legal Analysis: An employee cannot establish an employment relationship with multiple employers at the same time.

Legal basis: The Labor Contract Law of the People's Republic of China Article 69 A worker engaged in part-time employment may conclude a labor contract with one or more employers;

However, the employment contract concluded after the Prudence shall not affect the performance of the employment contract concluded earlier, which shows that there is a legal basis for an employee to establish a part-time employment relationship with two or more employers, and it is not prohibited or restricted by law.

According to the regulations of the People's Republic of China, an employee may enter into multiple labor contracts with the employer if the labor contract concluded later does not affect the labor contract concluded earlier.

1) Dual or even multiple employment relationships are manifested as: (1) the employee has established a part-time employment relationship with two or more employers; Second, the worker has established a full-time employment relationship with an employer and a part-time employment relationship with other employers; Third, the worker has established a full-time labor relationship with the two units.

2) With regard to part-time employment, according to Article 69 of the Labor Law, a worker engaged in part-time employment may conclude a labor contract with one or more employers; However, the later conclusion of the employment contract shall not affect the performance of the earlier concluded employment contract, which shows that the establishment of a part-time employment relationship between the employee and two or more employers has a legal basis and is not prohibited or restricted by law.

1. What is the proof of labor relationship?

The labor relationship certificate is the material that can prove the existence of the labor relationship between the employee and the employer, and the labor contract can generally be used as proof. In the event that the employer does not sign an employment contract with the employee, the employee may use the following evidence to prove the existence of an employment relationship:

1. Payroll records, such as stamped payslips and bank records of payroll cards;

2. Badge, access control card, work card, work card or work card (form);

3. Social insurance records, social insurance payment records are a strong evidence to prove the existence of labor relations;

4. Housing loan income and tax payment certificate, you can ask the company to issue income certificate on the grounds of buying a house and car loan;

5. The time card should be the original, and it should have the company's official seal;

6. It is best to have originals of work records and corresponding evidence of business trips;

7. The business contract, documents, power of attorney, and corresponding evidence of the business trip signed on behalf of the company should have the original;

8. The original proof of wage payment and written proof of arrears of wages should be provided;

9. Records of complaints filed by the labor inspection department;

10. The witness testimony of colleagues should be preferably proved by in-service colleagues in the morning book;

11. Recording. In the process of negotiating with the employer to resign, make the following audio recording to prove the occurrence of the dismissal and the fact that the employer refuses to issue a dismissal certificate.

2. How to transfer labor and personnel relations.

1) First go to the old employer to terminate the labor contract, and then get the certificate of termination of the labor contract for file adjustment.

2) The new unit issues a letter of adjustment or acceptance, which must indicate that it has worked here and needs to transfer personnel files or household registration, and must fill in the transfer address in detail. If the unit does not have the right to personnel, you need to go to the personnel bureau on which the unit relies to apply for a seal for the acceptance letter, and you need to bring the acceptance letter and contract of the unit, and some also need a letter of introduction.

3) If the unit has the right to personnel, you can go to the old unit to raise the file with the file adjustment letter and the certificate of termination of the labor contract.

4) Return to the new unit to complete the archiving.