Many companies are not very understanding of labor dispatch, that is not reliable. Today, the labor service company in Shanghai and the interpretation of the labor dispatch.
After the implementation of the "labor contract law", some enterprises to avoid the obligation to fulfill their duties and have to take the first dismissal of employees, and then signed a labor contract with them, this approach is extremely blind.
The "labor contract law" sixty-second stipulates that employers in the use of labor dispatch employees should implement state labor standards and provide the corresponding working conditions and labor protection; inform the employees the work requirements and labor remuneration; overtime pay and performance bonuses and provide job-related benefits; be on duty send workers job training as required; continuous employment, implement a normal wage adjustment mechanism. The "labor dispute mediation and Arbitration Law", which is in force, provides for the following twenty-second provisions: the labor dispatching unit or the employer and the employee have a labor dispute. That is to say, when a dispute arises, the labor dispatching enterprise and the employing unit shall be a joint party and become a co defendant. Therefore, in order to avoid the obligation, and the labor relations of workers into the phenomenon of labor dispatch should cause enough attention.
Joint and several liability to strengthen the protection of the rights and interests of workers
《劳动合同法》实施前，用人单位有“合同到期辞你没商量”的说法。 《劳动合同法》规定，即使合同期满，用人单位也要给付经济补偿金。也就是说，新法强调了对员工的保护。以试用期规定为例，过去部分企业经常直接以员工 “不合适”为由随意解雇员工，其实只是为了降低人力成本。但是 《劳动合同法》在 《劳动法》的基础上明确了试用期的期限、最低工资以及用人单位不得随意解聘试用期员工。即在不给出合理的解释的情况下，用人单位在试用期内也不能随意辞退员工。
Prior to the implementation of the labor contract law, the employer has a contract expired you did not discuss the argument. "Labor contract law" stipulates that even if the contract expires, the employer shall pay economic compensation. In other words, the new law emphasizes the protection of employees. In the probation period, for example, in the past, some companies often directly to employees inappropriate for the grounds of casual dismissal of employees, in fact, in order to reduce labor costs. However, the "labor contract law" in the "labor law" on the basis of a clear probation period, the minimum wage and the employer shall not dismiss the probationary staff. That is, without giving a reasonable explanation, the employer can not be dismissed during the probationary period employees.
Shanghai labor dispatch company think, in the past in order to reduce labor costs, some labor units will send staff returned to the dispatch unit, the dispatch of units in order to avoid their own risk, once the employer sent staff immediately returned, as with the dispatch labor relations, without any economic compensation. "Labor contract law" ninety-second stipulates that, in the process of labor dispatch, to be dispatched workers cause damage, labor dispatch unit and the employer bear joint and several liability.