Labor Law: Do Not Let Laborers' Rights And Interests Be Suspended.

At the end of 2015, the labor agreement of Lenny harness system Shanghai Management Center (hereinafter referred to as Lenny) and labor dispatch company Shanghai search UK Human Resources Management Co., Ltd. is about to expire.

In order to comply with the relevant provisions of the Interim Provisions on the dispatch of labor services, in November 2015, Lenny consulted the company's dispatched workers and was willing to stay in the original position of Lenny. Most of the dispatched workers were willing to stay.

In December 1, 2015, 548 staff members filed a written resignation application with the search company, preparing to sign a labor contract with Lenny company.

But the company refused to go back to the resigned staff and workers.

Because the original units do not handle the reemployment, new units can not be hired, and the social security of these workers can not continue to pay, resulting in a series of problems, such as medical treatment for workers and children's schooling.

In March this year, the workers complained to the labor inspectorate, and Lenny, search, and labor departments negotiated the three parties. In mid April, an agreement was reached: the search company handled the procedures for dismissal of workers, and Lenny gave some management fees as compensation.

But search UK did not implement the agreement.

In May, 548 workers collectively applied for arbitration of labor and personnel disputes, and were supported and helped by trade unions at all levels.

Both the Arbitration Commission and the court supported the request of the staff. Finally, the search company agreed to complete the workers' retirement procedures in early September.

The trade unions safeguard the rights and interests of workers and stop the spread of the labor dispatching system and make great efforts to promote "

The revision.

The state regulations clearly stipulate that "the number of labor dispatch workers employed by the employing units in March 1, 2016 should not exceed 10% of their total employment", which is what is known as the "deadline" for labor employment.

Indeed, it has suffered unfair treatment. There are different remuneration for the same industry, different social security benefits from the same posts, and different welfare benefits from the same factory.

When the labor service system is in flood, I often encounter complaints from labor workers. For example, there is a great difference in the labor remuneration between the employees and the employing units. No unit pays them social security or the employer pays low social security, so that their retirement pension is very low. The welfare difference is even greater. The year-end bonus with a strong interest is not available to the labor force.

After the revision of the labor contract law, it was originally thought that the resistance came from the employing units. Unexpectedly, it came from the labor dispatch unit that the execution of the labor law was discounted.

Driven by interests, enterprises do not hesitate to infringe upon the rights and interests of employees.

Labor dispatching companies earn the "management fees" paid by the employing units receiving the labor services, and the labor dispatch companies are unwilling to give up their income.

But for laborers, there are more labor relations and labor separation companies.

548 workers in Shanghai sent the company to the employer one month in advance.

In accordance with labor laws, labor dispatching companies are not infringing their labor contracts within the stipulated time.

The labor dispatch company, for its own interests, makes a decision on the staff and workers, and does not give employees the chance to go back to work, threatening the employers to pay the economic compensation. The reason is neither established nor seriously infringed upon the rights and interests of the laborers.

The workers' dismissal procedures, which were originally completed in early 2016, have gone through complaints from employees. The agreement between the enterprises and the government departments has reached agreement, and the trade unions have been involved in arbitration and court proceedings for the rights and interests of the employees in accordance with the law. After 9 months' delay, the labor dispatching companies have to agree to go back to work procedures for their employees.

Maliciously infringing upon the rights and interests of laborers, there may be cases of labor disputes involving malicious prosecution, which will continue to cause losses to workers' rights and interests.

Labor dispute arbitration should be carried out in a serious labor law and implemented at the same time. In order to ensure the timely implementation of the legitimate rights and interests of laborers, it is necessary to assess the situation and use the "one final decision" system, so that the provisions of the law protecting the rights and interests of workers will not be suspended.