Is it possible for the labor dispatch workers of the unit to be converted into regular workers? What are the grounds?
Today, Xiaozhi wants to talk to you about labor dispatch workers. In fact, many people may not have encountered labor dispatch, but they often appear in our lives, such as the most familiar "temporary" work". Then, is it possible for the labor dispatch workers of the unit to be converted into regular workers? Today, I will talk to you about this topic.
First of all, let's take a look at what is a dispatch worker
The main body of the labor contract signed by the labor dispatch workers is not the employer. A labor dispatch worker is a labor contract signed with a labor dispatch company. The employer only pays the fee, and the labor dispatch company is responsible for guaranteeing the labor dispatch worker. According to China's "Labor Contract Law", the employer is responsible for the management, guidance and training of dispatched laborers during the employment period, and pays the same labor remuneration and welfare benefits as regular employees. Despite the regulations, in reality, the salaries of dispatched laborers are far from those of regular employees. Moreover, the social security measures and the aftermath of the labor dispatch workers are all undertaken by the labor dispatch company and have nothing to do with the employer.
Even if the working years are long and become an open-ended labor contract, the labor dispatch worker is only an employee of the labor dispatch company, not an open-ended labor contract worker of the employer, and has no fixed working relationship with the employer, whether it is continuing to work or for some reason. If you are dismissed, you can only claim the right of compensation for profit from the labor dispatch company, and it has no direct relationship with the employer. This is also the fundamental reason why labor dispatch companies change labor dispatch service units and sign labor contracts every two or three years.
Then, is it possible for the labor dispatch workers of the unit to be converted into regular workers?
A small post can tell you that it is possible. According to the "Labor Contract Law" and other regulations, the labor dispatch unit (employer) shall enter into a "labor contract" with a fixed term of more than two years with the dispatched laborer. The unit (employer) concluded the "Labor Dispatch Agreement".
Under the following circumstances, the employer shall be deemed to have established a labor relationship with the dispatched laborer.
Using dispatched labor in non-temporary, auxiliary and alternative positions;
Using dispatched employees who have not signed a labor contract with the labor dispatch unit;
The dispatched employees whose employment contract expires have not signed a labor contract within the time limit;
The employing unit or its affiliated unit invested or established a labor dispatch unit in partnership to dispatch employees to this unit and its affiliated unit. Once the dispatched worker and the employer directly establish a labor relationship, the employer should sign a labor contract with the worker in time, and the dispatched worker will become a regular worker.
Xiaozhi reminds everyone that once the dispatched worker and the employer directly establish a labor relationship, the employer should sign a labor contract with the worker in time, and the dispatched worker will become a regular worker. If the employer does not sign a labor contract, the laborer can ask for double wages.
Finally, Xiaozhi told everyone that there is a big difference in the treatment of dispatched employees and regular employees of the company. Therefore, if you want a stable job, don't look for a labor dispatch job.