The employees used to belong to our company, but now our company subcontracts the project to an engineering outsourcing company, and the corresponding employees have followed suit. But a few days ago, an employee came back to work privately (the contract of the outsourcing company has not been signed yet).
The department let him come to work without informing us, and it took two or three days to know. What are we going to do now?
If we inform him to sign a labor contract in our name, he will certainly agree. It would be strange if we informed him through the outsourcing company. How to operate safely?
Shen Haiyan, Senior Consultant of LADA labor oot:
The employee has resigned and terminated the labor contract and relationship with your company. Now that the employee is back at work, the key point of this problem lies in: which company did the employee have a factual labor relationship with?
The confirmation of factual labor relations is based on the following three elements:
(a) the employer and the employee meet the subject qualifications stipulated by laws and regulations.
(2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply.
(3) The labor provided by laborers is an integral part of the employer's business.
In the current situation of your company, if you want employees to form labor relations with outsourcing companies, it depends on whether employees come to work in the name of outsourcing companies. If you work in the name of an outsourcing company, the company has a cooperation agreement with the outsourcing company with a list of relevant personnel.
Employees accept the management of outsourcing companies, so even if employees do not sign labor contracts at present, it is a factual labor relationship with outsourcing companies.
If an employee secretly comes to work, accepts your management and abides by your rules and regulations, then this employee directly forms a labor relationship with your company.
At this point, it is a bit strange to require employees to sign labor contracts with outsourcing companies. Companies can find some reasons to convince employees. For example, all the relevant positions in the company have been outsourced, and none of them have been given to employees. Even if employees persist to the end, they will only have a particularly short and unfavorable work experience.
Although it is possible to get financial compensation in the end, it is very unfavorable for employees to find jobs later. Instead of this, it is better to sign a labor contract with an outsourcing company and get a relatively stable job.
Finally, the person in charge of the relevant area does not pay attention to or prevent employees from coming to work, and there is a problem of dereliction of duty, which should be dealt with by the company.
For example, security guards, employees have clearly left their jobs and should not have the right to enter the factory. Those who enter the factory should register the reasons. Another example is the direct leader of the department, who must know whether the employees under his jurisdiction have left their jobs, and even acquiesce in the fact that the employees have left their jobs, which also leads to certain dereliction of duty.