Lawyer Hu Jing of Chengdu shared: In these 10 situations, dispatched workers can also claim economic compensation

Sichuan Huyun Law Firm - a well-known law firm in Sichuan, a 12-year brand law firm, please go to the law firm for legal advice!

In the work environment, contract and dispatch workers account for the vast majority.

As the name suggests, a contract worker is a unit that directly signs a labor contract with an employee.

Dispatched workers, on the other hand, sign a labor contract with a labor dispatch company, and a labor dispatch company signs a contract with the laborer, and then sends them to work in the unit.

In practice, we often hear that the rights and interests of labor dispatch employees are not protected.

Even some dispatch workers do not know what rights they should enjoy!

If the company is not well run, it will be returned to the labor dispatch company.

The company has no position for the time being, and many people have left their jobs themselves.

But in fact, in this case, we can still ask the dispatching unit to continue to perform the contract.

If returned, you can get paid even during the period of no work!

According to the relevant provisions of the Labor Contract Law and the Interim Provisions on Labor Dispatch, when the objective situation of the employing unit changes significantly, resulting in the inability to continue to arrange for the dispatched worker, the employing unit has the right to return the dispatched worker to the labor dispatch company.

If the employee is returned to the dispatch company without fault, the dispatch company shall maintain or raise the conditions stipulated in the labor contract to re-dispatch the new employing unit, and after the dispatched worker is returned, during the period of no work, the labor dispatch company shall pay him a monthly remuneration in accordance with the minimum wage standard not lower than that stipulated by the local people's government.

So under what circumstances --

Can dispatch workers receive financial compensation?

Summarized 10 situations for everyone!

1. Terminate the labor contract in the event of bankruptcy, revocation of license, order to close, etc.;

2. If the employee is returned by the employer without fault and does not agree to re-dispatch, the dispatching unit terminates the contract;

3. The employee is returned by the employer without fault, the dispatching unit re-dispatches the reduced treatment, and the employee does not agree to the termination of the contract;

4. If the employer fails to provide working conditions and labor protection, the employee terminates the contract;

5. If the employee fails to pay social security in accordance with the law and fails to pay the wages in full and in a timely manner, the employee terminates the labor contract;

6. If there is fraud, coercion, taking advantage of the danger of others, etc., the labor contract is signed or the labor forced labor is forced, and the employee proposes to terminate the labor contract;

7. The worker is sick or injured not due to work, and can no longer provide labor after the expiration of the medical treatment period;

8. The objective situation has undergone major changes, and the labor contract cannot be performed;

9. Termination of the labor dispatch agreement upon expiry;

10. The employing unit illegally directs and forces the risky operation, endangering personal safety, and the employee terminates the contract.

Whether it's a contract worker or a dispatched employee.

When necessary, we can use legal means to protect our rights and interests!