Can The Dispatched Worker Resign To The Employer?

In February 2012, Li signed a 2 year labor contract with a Human Resources Inc, and Human Resources Inc dispatched Li to a metal company for production.

In October 9, 2013, Li spoke to the manager of the human resources department of the metal company and approved the application. He left the metal company 3 days later.

In November 10, 2013, the Human Resources Inc lifted the labor relationship with Li on the grounds of Lee serious violation of discipline (continuous absenteeism for more than 15 days), and served the notice of relieving labor relations by mail to Li.

In December 9, 2013, Li applied for arbitration to the labor and personnel dispute arbitration department on the grounds that the Human Resources Inc did not pay the pension insurance fee for him, and demanded the termination of labor relations with Human Resources Inc, and demanded that Human Resources Inc pay economic compensation.

The key question in this case is whether Lee's resignation is effective, that is, whether the dispatched worker resigns from the employment unit is effective?

The so-called labor dispatch is the labor contract between the labor dispatch agency and the dispatched labor, and the remuneration paid to the dispatched workers by the enterprise (the actual employment unit).

In the labor dispatch relationship, there are three parties.

The labor dispatch units and the employing units that receive the labor dispatch.

Among them, the establishment of labor relations with workers is only the labor dispatch unit, that is, the labor dispatching unit is the employing unit stipulated by the labor law, rather than the employing unit that receives the labor dispatch.

Because of acceptance

Of

If there is no labor relationship with the laborers, the employing units can not directly expel or dismiss the dispatched workers.

When a situation is prescribed by law, the employing unit may return the dispatched worker to the labor dispatch unit, and determine whether the labor relationship between the dispatched worker and the dispatched worker shall be relieved by the labor dispatching unit.

The employing unit can not accept the resignation submitted by the dispatched worker, and can accept the resignation of the dispatched worker only with the labor dispatch unit that establishes the labor relationship.

In this case, a Human Resources Inc's labor dispatch unit, a metal company, is the employment unit dispatched by labor dispatch, and Li is a dispatched worker.

There is labor relationship between Li and a Human Resources Inc, and there is no labor relationship with a metal company.

Li resigned to a metal company which did not have any labor relations, even if it was approved by a metal company, it would be invalid.

Related links:

Previously, a company registered with a capital of 5 million yuan must go to the Municipal Industrial and commercial bureau for registration. Now it can be registered in its county seat. This afternoon, the public network reporter learned that, recently, the Municipal Industrial and commercial bureau issued the notice on further relaxing the jurisdiction of enterprise registration (hereinafter referred to as the notice). The newly established private enterprise has its name of provincial and municipal administrative divisions and its registered capital is less than 5 million yuan or less than 10 million yuan, which is registered in the county industrial and commercial (market supervision) Bureau in principle.

Public network reporter understands, "notice" stipulates that the city has set up a new private enterprise crown provincial and municipal administrative division name and registered capital below 5 million yuan, registered by the county industrial and commercial (market supervision) bureau.

The newly established private enterprises, whose names are provincial or municipal administrative divisions and whose registered capital is less than 5 million yuan or less than 10 million yuan, shall be registered in the County Bureau of industry and Commerce (market supervision) in principle.

Enterprises whose registered capital is less than 2 million yuan will no longer approve the name of the administrative divisions of Guan City.

The newly established private enterprises, whose names are provincial or municipal administrative divisions and whose registered capital is more than 10 million yuan, is still registered by the Municipal Industrial and commercial bureau.

Liu Qiguang, deputy director of the enterprise registration bureau of the Municipal Industrial and commercial bureau and chief of the private section, told reporters that according to the original registration policy, the enterprises whose registered capital is more than 2 million yuan in the county where the enterprises live are registered with the Municipal Industrial and commercial bureau.

After the enterprise registration jurisdiction is decentralized, investors can register nearby, save time and cost, and make registration more convenient.