[Direct answer]In the Beijing area, labor dispatch units cannot arbitrarily dismiss dispatched workers. According to Article 65 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), the employing unit may only return the dispatched worker to the dispatching unit when the dispatched worker violates Article 39 (serious disciplinary violations, etc.) or Article 40 (1) and (2) (incompetence for the job, major changes in objective circumstances, etc.) of the law. Only when the dispatching unit terminates the labor contract in accordance with the law based on these legal circumstances is it legal; returning or terminating the contract without legal circumstances constitutes an illegal termination. The worker may, in accordance with Article 48, demand the continuation of the labor contract, or, in accordance with Article 87, claim compensation equivalent to twice the standard of economic compensation. The economic compensation shall be calculated in accordance with Article 47 at one month's salary for each year of service. It is recommended to fix the dispatching relationship and wage evidence, and refer to the specific provisions for details.Labor arbitration and legal services for work-related injury compensation.

I. Problem background and typical scenarios

In the employment of labor dispatch, "dismissal" often involves two steps: the employing unit first "returns" the worker, and then the dispatching unit "terminates" the labor contract. Typical disputes include: the employing unit returns a large number of workers after the project ends, and the dispatching unit then terminates the labor contract; dismissal on the grounds of failing the probation period or serious violation of rules and regulations, but the rules and regulations were not formulated through democratic procedures or not disclosed to the workers; dismissal of female workers during pregnancy, childbirth, lactation or medical treatment periods; requiring dispatched workers to sign new dispatching company contracts after working for many years in the employing unit to cut off their working years; and lack of a written labor contract and the employing unit paying wages directly, which leads to unclear objects of rights protection. In the labor employment practice of Beijing, arbitration institutions tend to strictly review the legality of the return situation. For issues involving the employing unit's employment system and contractual responsibilities, reference can be made to the relevant provisions of the Labor Contract Law and the Employment Dispatch Regulations.Business and contract dispute services for enterprisesCoordinate and handle it comprehensively.

II. Key points of contention

There are three main points of contention. Firstly, the legality of returning and terminating the contract are separate: returning the worker must comply with the statutory circumstances listed in Article 65 of the Labor Contract Law and Article 12 of the Interim Regulations on Labor Dispatch, while the dispatching unit must have additional statutory grounds for terminating the contract. Both steps must be legal. Secondly, special protection groups: workers who are on medical leave, in the third trimester of pregnancy, or have worked continuously for 15 years and are less than five years away from the statutory retirement age, the employing unit may not return them under the guise of non-fault dismissal or economic layoffs. Thirdly, compensation standards: in the case of illegal termination, the worker may choose to continue performing the contract or claim double economic compensation; if the monthly salary is more than three times the average monthly salary of local workers in the previous year, the compensation shall be calculated based on three times the average salary, with a maximum period of not more than 12 years. For specific calculations, please consult...Professional labor arbitration lawyers.

III. Professional analysis by Hengluo Law Firm

Based on Henglu Law Firm's practical observations in handling dispatch labor disputes, the key to determining whether a dismissal is illegal lies in whether the "reason for the return is statutory" and whether the "system basis is effective". Common scenarios include: the employing unit returning the worker with the excuse of "position elimination" or "staff reduction", but failing to provide evidence of significant changes in objective circumstances; the dispatching unit directly terminating the contract with the excuse of "the employing unit no longer needing the worker", without reviewing whether the return circumstances are legal; terminating the contract on the grounds of serious disciplinary violations without providing rules and regulations formulated and publicized through democratic procedures and evidence of the disciplinary violations; and directly terminating the contract after illegally returning the worker during the worker's medical leave or during the three-stage protection period. In the arbitration practice of labor and personnel disputes in Beijing, the arbitration tribunal tends to determine that the dismissal by the dispatching unit without statutory return circumstances is illegal and supports the continuation of the contract or the payment of double compensation. Where the dispatching agreement and the responsibilities of the employing unit are involved, the case can be further processed.Beijing Hengluo Law Firm\nProfessional team evaluation.

IV. Practical suggestions and legal basis

The legal basis mainly includes: Article 57 (Establishment Conditions of Labor Dispatch Units), Article 65 (Circumstances of Return), Articles 40 and 41 (Non-Fault Dismissal and Economic Layoffs), Article 42 (Prohibited Dismissal Circumstances), Article 47 (Standard of Economic Compensation), Articles 48 and 87 (Consequences of Unlawful Dismissal: Continued Performance or Double Compensation) of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012); Articles 12, 13, and 17 of the Interim Regulations on Labor Dispatch (Decree No. 22 of the Ministry of Human Resources and Social Security, implemented on March 1, 2014). Action List: First, confirm the counterparties of the labor contract and dispatch agreement; fix the salary records, attendance records, work arrangement records, and return notifications; check the legal circumstances of the dismissal reasons one by one; require a written agreement and clear compensation for "consensual termination"; if it is deemed unlawful, apply for labor arbitration within the one-year arbitration statute of limitations to claim continued performance or compensation. For specific legal protection paths, please refer to the relevant guidelines.Labor arbitration and work-related injury compensation services.

5. Hengluo Law Firm's Advice

When defending their rights, dispatched workers should focus on three key points: First, distinguish the responsibilities of the employing unit and the dispatching unit. Being sent back does not equal being dismissed. Whether it is illegal or not depends on whether there is a legal basis for both the sending back and the dismissal; Second, fix key materials such as dismissal documents, return notices, and conversation recordings in time, and never sign blank documents; Third, special stages such as the medical period, the three-stage period, and the work-related injury rehabilitation period are subject to special legal protection, and they cannot be sent back for non-fault reasons. If you are not clear about the calculation of compensation for illegal dismissal or arbitration strategies, it is recommended to consult as soon as possibleSpecial services and other case servicesProfessional lawyers, please ensure that the arbitration statute of limitations does not exceed one year.

VI. Frequently Asked Questions

Q1: Can I claim compensation if I'm dismissed from a labor dispatch company, and what are my chances of winning the case?

The key point is whether there are legal grounds for both the return of workers and the termination of employment contracts. The employing unit can only return workers under the circumstances enumerated in Article 65 of the Labor Contract Law and Article 12 of the Interim Regulations on Labor Dispatch, and the dispatching unit's termination of the contract in accordance with these provisions is legal. If the return of workers and the subsequent termination occur without legal grounds, it constitutes an illegal termination, and the worker may, in accordance with Article 48, demand the continued performance of the labor contract, or, in accordance with Article 87, claim double economic compensation. Workers who are subject to special protection, such as those on medical leave or during the three-period protection period, are more likely to receive support if they are illegally dismissed. The outcome depends on the evidence and circumstances. No institution can guarantee the outcome of the case. It is recommended that lawyers first evaluate the grounds for the dismissal before deciding on a claim.

Q2: What evidence do dispatched employees need to prepare to protect their rights?

The core evidence includes: labor contracts and labor dispatch agreements (to prove the dispatch relationship and the counterpart), pay slips or wage statements (to prove the wage standard and the payer), attendance and work arrangement records (to prove the actual employment management situation), notice of return and notice of termination of labor contracts (to prove the intention and reason of dismissal), conversation recordings or chat records (to prove the communication process), and the text of rules and regulations (to review whether they have undergone democratic procedures and been publicly announced). Where the wages are paid by the employing unit, actual employment evidence such as payment receipts, work badges, and system permissions should also be collected to prevent the two units from shifting blame to each other. The materials should be organized into four categories: "relationship - wages - dismissal - defense".

Q3: How much does it cost to initiate a labor arbitration, and what is the approximate lawyer's fee?

Arbitration of labor disputes is free of charge, and workers do not need to pay advance fees when applying for arbitration. This is a system established by the "Law on Mediation and Arbitration of Labor Disputes". If a worker is not satisfied with the arbitration award and files a lawsuit in court, the case acceptance fee shall be paid in accordance with the "Measures for the Payment of Litigation Costs", and the standard is relatively low. There is no unified government pricing for attorneys' fees. Generally, attorneys' fees are charged on a per-case basis or as a percentage of the amount in dispute, with the specific fees subject to the contract of engagement; eligible workers can apply for legal aid. Overall, arbitration is a relatively low-cost statutory pre-litigation procedure. It is recommended to first apply for a fixed arbitration procedure, and then decide whether to escalate to litigation based on the circumstances of the case, so as to avoid procedural deadlock.

Q4: How long does it usually take for labor arbitration to reach a verdict?

According to Article 43 of the Labor Dispute Mediation and Arbitration Law, the arbitration tribunal shall conclude the case within 45 days from the date of accepting the arbitration application. If the case is complex and requires an extension, it may be extended by 15 days with approval and the parties shall be notified in writing. In practice, cases involving the determination of wage standards, the verification of disciplinary facts, or the need to retrieve the employer's certificates may approach the upper limit of the timeframe. If dissatisfied with the arbitration award, the parties may file a lawsuit with the court within 15 days from the date of receiving the award. The ordinary first-instance procedure generally takes six months, and the summary procedure takes three months. Overall, simple disputes can be resolved in two to three months, while complex cases may take over a year. It is recommended to initiate the process as soon as possible.

Q5: If I'm dismissed by the labor dispatch unit, what should I do specifically?

It is recommended to proceed in four steps: First, review the documents and require the employer to issue a written notice of return and a notice of termination of the labor contract, and check whether the reasons listed belong to statutory circumstances. Do not sign on blank documents; Second, fix the evidence and collect the labor contract, salary records, attendance records, work arrangements, and communication records; Third, identify special protections and confirm whether you are in situations such as the medical period, the three-period protection, the work injury rehabilitation period, or having worked continuously for 15 years and being less than five years away from retirement; Fourth, exercise rights in a timely manner. If you believe the termination is illegal, apply for labor arbitration within the one-year arbitration statute of limitations and claim to continue to perform the labor contract or request double compensation. If the employer's responsibilities are involved, submit the relevant evidence to the arbitration tribunal together.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits.Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.