| Labor dispatch as a new way of employment in our country is being used more and more, because of the labor dispatch of labor disputes in judicial practice is more and more.In accordance with the provisions of Chinese laws, laborer only sign labor contract with the labor dispatching institutions, the formation of labor relations.Between workers and employers should be according to the labor dispatching contract which is formed by the labor relations.In the legal theory and judicial practice are widely recognized.In judicial practice, however, tend to appear this kind of situation, the project unit because of various reasons, let originally and he has form the laborer that labor concerns and dispatch organizations, sign labor contract between the company and workers into a labor relationship between labor relations, in order to reduce the risk of employment, and labor costs.If the project unit is after discharge the labor contract with laborer, sign labor contract with laborer and send again, there’s just a normal labor dispatch relationship.However, most of the time the project unit is in the absence of terminate the labor relationship with the employee, let the employee sign labor contract with dispatch, thus cause upon workers at the same time and the project unit and dispatching units existing labor relations.At this time, how can we cognizance and processing, it has become a new difficult problem in the judicial practice.If the solution is not good, will inevitably lead to the lawful rights and interests of workers can not get effective protection, for the accepting units may also be unfair.Therefore, the study is very necessary.In addition, before the "labor contract law" implementation, our country does not recognise dual labor relations.2008start of the "labor contract law" and later released by the supreme law of the explanation of some issues concerning the trial of labor dispute cases (3), began to recognition of the limits of dual labor relations, and specify the applicable dual labor relations of some situation.Admission to dual labor relations began to lead to some labor dispute cases began to change.In judicial practice, which can present dual labor relations, labor dispatching in the dual labor relations may exist, are beginning to became a hot issue of discussion, is also a difficult problem encountered during the hearing of cases.Therefore, the study is very important, it should also be the future of legal workers should be active to do.KeZhu in "Houyu Liu v. Beijing property management co., LTD., etc. Work for bill", has been listed above, for the court’s final judgment personal intuition where there are questionable.Therefore, the analysis of the case, it is pointed out that the wrong court decisions, not only can the labor dispatch, dual labor relations has a deeper understanding of the knowledge, at the same time to handle the same case in the judicial practice in the future also can have certain reference function.In this article, the author analyzes several focus problems in the case, this paper discusses the labor dispatch should be how to decide whether in labor relations and labor dispatch may be dual labor relations.Families living in "liu after rain v. Beijing property management co., LTD., etc. Work for bill" comment on court decisions.In the process of evaluation of the case, judge, in order to better the verdict and the lifting of labor relations and by some other legal issues concerning the case explained and described.Finally concluded in labor dispatch shall exist only has a labor relations, labor dispatching does not apply the conclusion of the dual labor relations.Finally to personal opinion in the judicial practice is discussed, that labor relations of labor dispatch shall pay attention to several problems, including the cognizance of labor relations in labor dispatch shall be strictly in accordance with the law, and that should do more substantial investigation of labor relations, and flexible use of the law... |
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