About Formal Labor Contracts and Dispatch Contracts 20

Hello: The signing of the labor contract should be the expression of the true meaning of both parties under the premise of voluntariness, you clearly remember that the contract was signed with Company A, and it is signed in advance, once the employment labor contract of Company A is established. The reality is that you have not worked for Company A and have not signed an agreement with Company B.

2. If you do not agree with the agreement signed with Company B, you can apply to the labor arbitration department to invalidate the contract on the grounds that Company B entered into the contract contrary to its true intentions.

The core problem is to evade the legal responsibility of the employer, such as: no fixed term, salary and treatment, avoidance of equal pay for equal work, overtime pay, work-related injury (once the work-related injury is caused, it is very easy for the two parties to blame each other, but the arbitration law stipulates that both parties are parties) It is relatively easy to terminate the contract (the employing enterprise does not have to invest financial resources in training) and evade the economic compensation that should be paid, etc., which is difficult to change the social status quo. Because there are some loopholes in the law, the provisions are not strictly formulated.

You have to face the reality and familiarize yourself with the terms and conditions and take the necessary precautions:

1. Understand the qualifications of Company B's industrial and commercial registration and dispatch qualifications, and confirm that it has signed a dispatch agreement with the employer.

2 The contract period shall not be less than two years.

3. Salary and treatment (equal pay for equal work, it is likely that the unit has made personnel adjustments before you join the company, and you will be placed in the same sequence of positions through replacement, thus losing the reference for equal pay for equal work) The level of social insurance contributions.

4. Know the content of the dispatch agreement and the job position, how to adjust the position, the conditions for returning to Company B (the rules and regulations of Company A), and the withdrawal situation stipulated in the dispatch contract.

In short, there are many uncertainties in the dispatch method, but the current labor-management environment and employment pressures will leave workers with no choice.

Good luck!

A contract is an agreement between the parties or parties to establish, modify, or terminate a civil relationship. Contracts established in accordance with the law are protected by law. Contracts in a broad sense refer to all laws.

Narrow contracts refer to all civil contracts. There is also the narrowest sense of the contract, which refers only to the creditor's rights contract in the civil contract.

At present, the labor contracts are all format texts supervised by the labor and social security departments, and the contract content contains detailed provisions such as the contract period, work content, location, working hours, labor remuneration, social insurance, etc., while the labor dispatch contract has the words "labor dispatch". There is a clear difference between the two.

Legal analysis: 1) Differences in terms of duration: the term of a labor dispatch contract is more than two years and a fixed period; The term of an employment contract is divided into a fixed term and an indefinite term, in which the length of the fixed term can be freely agreed upon by the employer and the employee.

2) Differences in the termination of labor contracts: The Labor Contract Law has made corresponding provisions on the circumstances under which an employer legally terminates a labor contract, among which the special provisions on the termination of a labor contract in the case of labor dispatch are as follows:

1. The employing unit may return the worker to the labor dispatch unit due to the employee's fault, the worker's illness, non-work-related injury, incompetence, etc., and the labor dispatch unit shall terminate the labor contract with the worker in accordance with the law;

2. The employer shall not terminate the labor contract in accordance with Article 40, Paragraph 3 of the Labor Contract Law, which stipulates that "if there is a major change in the objective circumstances on which the labor contract is based at the time of the conclusion of the labor contract, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation" and Article 41 of the Labor Contract Law, the provisions on economic layoffs.

However, the labor dispatch employer cannot terminate the labor contract, but can only return it to the employee, which will be handled by the labor dispatch unit.

3) The relationship of the labor dispatch contract involves the employee, the dispatching company and the service unit, while the general formal contract only involves the employer and the employee.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.