In a classic case, the dispatched employee was returned and fired by the dispatching company.
Case one,
In March this year, 30-year-old Shamou was hired by a labor dispatch company, and the two sides signed a labor contract of 1 year. Subsequently, she was sent to a cosmetics company in Tianjin as a product promoter and worked in a large supermarket in Beijing.
After working for two months, Shamou quarreled with the director of the supermarket service department. It turns out that supermarkets stipulate that personal belongings cannot be stored in containers. Seeing that other promoters were in charge, she put her things in the cupboard, only to be found by the director of the service department when she checked, and asked her to pay a fine of 100 yuan.
Shamou refused to accept the fine and the supermarket returned her to the cosmetics company. After understanding the situation, the cosmetics company said that it was temporarily unable to arrange work and returned her to the labor dispatch company. The dispatching company said there was no vacancy and asked her to go home and wait for the notice.
After a month, the labor dispatch company said that there was still no suitable job, so she went to the company to go through the resignation procedures. As a result, not only did she have no salary for a month, but the company did not pay any economic compensation or compensation for the termination of the labor contract.
"If you don't pay, you have to give me living expenses." Shamou said, "How can I live without a job and money?" In this regard, the labor dispatch company said that she was returned because of violation of supermarket regulations, which was caused by personal reasons, so the company has the right to terminate the labor contract with her.
Shamou told reporters that a female colleague was arranged to work with her in a cosmetics company. Later, I found out that I was pregnant. The supermarket rejected her and the cosmetics company returned her. The labor dispatch company also terminated the labor contract with her on the grounds that there was no work arrangement.
Case 2,
Ma Lao established a labor relationship with a labor dispatch company in 2002 and was sent to work in a food company. Since then, Ma Lao has worked in this food company for 1 1 year. This year, Ma Lao asked the food company to sign an open-ended labor contract with him. The company expressed its disagreement. The person in charge of personnel of the food company told Ma Lao, "If you insist on signing an open-ended contract, both parties will terminate the employment relationship without any compensation."
Another dispatcher, Mr. Zhao, told the reporter: "I have been assigned to work in this factory by the dispatching company for five years. After the reorganization of the company this year, the company actually let me work in Xinjiang. My son has just entered primary school, and my wife's work unit is far from home. I have to send my children to school every day. How to get to Xinjiang company? As a result, the factory said that I disobeyed the arrangement and returned me to the dispatching company. Later, the dispatching company dismissed me. "
A labor dispatch company dispatched thousands of employees. Liu Jingli of the company said, "When the dispatched workers come back, they can't arrange work, so we have to let them go home and wait for their posts. However, the management of our company is relatively standardized, and fewer people are returned by employers. We have more customers, and unless there are serious problems in dispatching employees, they can all be re-employed. "
Liu Jingli introduced: "When the dispatched employees are returned by the employer, they should be treated differently. If the employee's fault is not serious, we can hang him for a few days, tell him how hard it is to find a job, and let him realize his mistake and rearrange his post. For serious violations, we will exercise the right to terminate. " He also said that if the dispatched workers were returned because of the employer's reasons, because the labor dispatch agreement stipulated that the employer should pay economic compensation. Therefore, the dispatched workers don't have to worry, and this part of the cost is paid by the employer.
In addition, when the dispatched workers return and arrange work, the treatment is reduced, and if the dispatched workers do not obey the arrangement, they may be dismissed. At this time, the dispatching company unilaterally terminates the labor contract on the grounds of disobeying the arrangement without any economic compensation, and this kind of infringement is also serious.
Expert analysis: the dispatched workers are paid according to the minimum wage when they are waiting for their posts.
In this regard, an expert in Beijing believes that although the labor dispatch company is a special employer, it, like other employers, must pay the corresponding economic compensation to the dispatched workers while enjoying the right to terminate.
At present, there are no corresponding provisions in laws and regulations on what kind of conditions can be returned after a labor dispatch company dispatches employees to an employer, and whether it needs to bear the liability for breach of contract, mainly based on the agreement between the two parties in the labor dispatch agreement. Under normal circumstances, the employer does not need to pay any compensation for returning dispatched working hours that meet the agreed conditions. If the conditions for returning to work are not met, the dispatched workers have the right to request the resumption of labor relations. In addition, no matter how the dispatched workers are returned, it does not mean that the dispatching company has the right to dismiss. They must meet the statutory conditions for dismissal before they can be dismissed.
If the dispatching company meets the statutory conditions for terminating the labor contract, or if it negotiates with the employee to terminate the labor contract, it shall notify the employee in writing 30 days in advance or pay the employee an extra month's salary to terminate the labor contract. Those who do not meet the above conditions, such as dismissing pregnant women workers, are illegal to terminate the labor contract, and the workers have the right to request the restoration of labor relations.
Moreover, after the dispatched workers return, the dispatching company should reschedule the work. Although Shamou in this article has the fault of violating the regulations of supermarket management, she should also be paid during her stay, because the Labor Contract Law stipulates that "the dispatched workers should pay monthly compensation according to the minimum wage standard stipulated by the local people's government during their absence." Therefore, Shamou's salary during the waiting period is the minimum wage in Beijing.