Under What Circumstances Can A Dispatched Worker Be Returned To The Dispatch Unit?

Qiao Tian Shun, a migrant worker, said he was a security company employee. He was sent to a hotel in August last year to be a security guard.

When he went to work last week, the guesthouse was responsible for telling him to return him to the security company.

I would like to ask: under what circumstances, the employing units can return the workers to the labor dispatch units?

In response to the question of Qiao Tian Shun, Li Nan, a lawyer on duty in Sichuan Chengdu migrant worker's legal aid workstation, said that in order to ensure the stability of the employment of the dispatched workers and prevent the employing units from returning the dispatched workers without any justifiable reasons, the Provisional Regulations on labor dispatch further clarified the situation that the employing units could return the laborers on the basis of the sixty-fifth second sections of the labor contract law.

That is to say, the following three situations occur in the employment unit, so that the returned workers can be returned.

Units: first, the employing units have the provisions of the fortieth, third and forty-first provisions of the labor contract law; two, the employing units are declared bankrupt according to law, their business licenses are revoked, ordered to close, revoked, and decided.

Or when the term of operation is no longer operational, the three is the expiration of the labor dispatching agreement.

At the same time, lawyer Li said that if the dispatched laborers had "

"In the forty-second set of diseases or non public injuries, during the prescribed medical period and the female workers in pregnancy, childbirth, breastfeeding, etc., before the expiry of the time limit for dispatch, the employing unit shall not send the dispatched workers back to the labor dispatch unit according to the first provision of the twelfth paragraph, paragraph 1 of the" Interim Provisions on labor dispatch ".

When the time limit for dispatch expires, it shall continue until the corresponding circumstances disappear.

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The staff representatives of a trade limited company in Leshan sent a red flag with "legal guardians, serving the people" to the legal aid center of the Wu Tong Bridge District to express their gratitude to the aid center and legal aid lawyer.

In February 2015, Zhou Mou, a legal representative of a trade limited company in Leshan, suddenly did not know the whereabouts. The wages of the workers in two sand gravel fields in the village of a certain village in the village of bamboo root and in the village of a certain village in the town of Qiao Gou were in arrears.

Subsequently, the workers who were owed wages collectively complained to the labor and Social Security Department of the five Tong Bridge District, and petitioning the letters and visits department, hoping to recover the arrears of labor remuneration at an early date.

Immediately, the legal aid center of Wu Tong Qiao District handled legal aid for 82 migrant workers, and instructed the representatives of the workers to prepare relevant evidence materials to help the representatives of the workers to approve the names of each worker, the amount of wages owed, and draw up various legal instruments such as "civil complaint" and "preservation application", and prosecuted the people's court at the first time.

Shortly after the court hearing, the company recognized the fact that the company was in arrears of 82 workers' labor remuneration, and sentenced the company to pay 82 workers' labor remuneration totaling more than 99 yuan immediately after the judgment came into effect.

After the judgment, the employing unit carried out the judgment according to law. At this point, a labor dispute lasting for a year has finally come to a successful conclusion.