Third-party contract means that employees sign labor contracts with human resources companies (that is, third parties) outsourced by enterprises, not with enterprises. Therefore, employees working in enterprises are all dispatched, not formal employees of enterprises. Is a formal labor contract signed directly with the employer; It is a labor dispatch contract (usually referred to as expatriate employees and informal employees) that is signed with a labor dispatch company (a third-party human resources company) and then sent to the employer in the nature of dispatch. Generally speaking, there is little difference, mainly in terms of treatment and welfare (for example, it is not compiled by the employer, the salary is less than that of the regular employees, and the welfare is less than that of the regular employees, etc.). ), and other aspects (such as whether there are weekends, holidays, specific working hours, other subsidies, calculation of overtime pay, liability for breach of contract, etc. ) mainly depends on the content stipulated in the contract. As long as it does not violate the provisions of laws and regulations, the three parties reach a consensus through consultation, and the signed contract is not obviously unfair, which is a valid contract, and when it will take effect shall be negotiated by the three parties.
Circumstances requiring payment of economic compensation
There are 23 situations in which employers need to pay economic compensation to workers. According to the provisions of the Labor Contract Law, there are 23 situations that require employers to pay economic compensation to workers:
(1) There are 1 1 cases where the employer should pay economic compensation when the employee terminates the labor contract:
1. The employer fails to provide labor protection or working conditions as agreed in the labor contract, and the employee terminates the labor contract;
2. The employer fails to pay the labor remuneration in full and on time, and the employee terminates the labor contract;
3. If the wage paid by the employer is lower than the local minimum wage, the employee terminates the labor contract;
4. The employer fails to pay social insurance premiums for the workers according to law, and the workers terminate the labor contract;
5. The rules and regulations of the employing unit violate the provisions of laws and regulations, damage the rights and interests of workers, and the workers terminate the labor contract;
6. The employing unit uses fraud, coercion or taking advantage of a person's danger to make the employee conclude or change the labor contract against his true meaning, which makes the labor contract invalid and the employee terminates the labor contract;
7. The employing unit exempts itself from legal responsibility and excludes the rights of the workers, which makes the labor contract invalid and the workers terminate the labor contract;
8. The labor contract concluded by the employing unit violates the mandatory provisions of laws and administrative regulations, which makes the labor contract invalid and the employee terminates the labor contract;
9. The employer forces labor by means of violence, threat or illegal restriction of personal freedom, and the employee terminates the labor contract;
10, the employer illegally directs and forces the risky operation to endanger the personal safety of the employee, and the employee terminates the labor contract;
1 1, other circumstances stipulated by laws and administrative regulations.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.