[Direct answer]In the Beijing area, in the labor dispatch relationship, the labor dispatch unit is the legal employer and should fulfill its obligations to the workers; the employing unit only actually uses the labor force. When a worker is dismissed, if the dismissal is illegal or the dispatch unit terminates the contract after the worker is returned, the labor dispatch unit usually bears the responsibility of paying compensation and other liabilities. If the employing unit arbitrarily returns the worker outside the legally defined circumstances, it shall bear corresponding responsibilities. According to Article 58 and Article 65 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012, and implemented on July 1, 2013), the dispatch unit shall enter into a fixed-term contract of more than two years and pay remuneration. It is recommended to clarify the roles of the employing unit and the dispatch unit. For more details, please refer to the relevant provisions.Labor arbitration and work-related injury compensation services.

1. Problem background and typical scenarios

The attribution of responsibility for dispatched workers who are dismissed is a typical challenge in labor disputes. Typical scenarios include: the employing unit returning the dispatched workers on the grounds of project completion, and the dispatching unit immediately terminating the contract; the dispatching unit dismissing the workers directly due to operational difficulties and refusing to pay compensation; and the employing unit illegally directing the workers and the dispatched workers being blamed by both parties after violating regulations. Many dispatched workers mistakenly believe that they are just temporary workers of the employing unit, and do not know who to claim against after being dismissed. In fact, the dispatching unit is the employing unit, and it bears the main responsibility for signing labor contracts, paying remuneration, and social insurance. The employing unit is subject to legal constraints in the return process. In cases involving labor relations, the parties involved may refer to the relevant provisions of the Labor Contract Law and other relevant laws and regulations to resolve the disputes.Labor arbitration and work-related injury compensation servicesFor contracts, you can refer to the following for reference.Business and contract dispute services for enterprises.

II. Key points of contention

There are three main points of contention in such disputes. Firstly, the subject of liability: the compensation for unlawfully terminating the labor contract shall be borne by the dispatching unit; the employing unit shall only bear corresponding responsibility when returning the dispatched workers illegally under circumstances other than those prescribed by law. Secondly, the legality of returning the workers: the employing unit's return of the workers must comply with the circumstances stipulated by the Labor Contract Law and cannot return them at will to evade responsibility. Thirdly, evidence and jurisdiction: the dispatched workers need to prove the labor relationship, the fact of dismissal, and the two parties involved. When arbitrating, it often involves the dispatching agreement and the employment facts. The disputes also concern equal pay for equal work and the treatment of the dispatched workers after being returned. For cases involving overlapping work-related injuries, reference can be made to relevant provisions.Special services and other case services.

III. Professional analysis by Henglue Lawyers

Based on practical experience in handling labor dispute cases, the most common confusion for dispatched workers seeking legal protection involves the two main parties involved. Many litigants only approach the employing unit, but neglect that the dispatching unit is the actual employer who bears the obligation of signing contracts and providing compensation; or they miss the arbitration time limit due to the mutual shirking of responsibilities between the two parties. According to Articles 58 and 65 of the Labor Contract Law and the system of the Labor Dispute Mediation and Arbitration Law, the dispatching unit is the responsible party for termination and compensation, and the employing unit shall bear corresponding responsibilities if it illegally returns the dispatched worker. Henglue Lawyers usually suggest the following steps: first, confirm the dispatching agreement and the subject of wage payment, and identify the dispatching unit as the respondent; then, prove the facts of dismissal or illegal return; finally, calculate the base amount of economic compensation or damages. For cases involving the employing unit's illegal return of the dispatched worker, the corresponding responsibilities of the employing unit can also be claimed simultaneously. For cases involving time limit control, assistance from a professional legal team can be sought.Special services and other case services.

IV. Practical suggestions and legal basis

The core basis is Article 57 (license for operating dispatch business), Article 58 (obligations of dispatch units and employing units, contracts of more than two years), and Article 65 (return and termination) of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012, and implemented on July 1, 2013); and the provisions on arbitration applications and statutes of limitations in the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented on May 1, 2008). Practical suggestions: Immediately collect the dispatch agreement, pay slips, and termination notices when being returned or dismissed; clarify that the dispatch unit is the primary object of rights protection; calculate the length of service and the compensation base; apply for labor arbitration within the arbitration statute of limitations; and, for cases involving illegal returns by the employing unit, preserve evidence and assert claims separately. For those preparing for arbitration, they can refer to the following aspects:Labor arbitration and work-related injury compensation servicesAdvance.

5. Henglu Law Firm's Reminder

When dispatch workers are dismissed, they should not only blame the employing units but also ignore the real responsible parties, the dispatch units. Moreover, they should not exceed the one-year arbitration statute of limitations. When handling similar cases in Beijing, the arbitration institutions conduct a detailed review of the dispatch agreements, the subject of wage payment, and the legality of the return. It is recommended to use written materials to formalize the labor relationship and the fact of dismissal. For the employing units that illegally return workers, they should also keep evidence to claim their corresponding responsibilities. Do not sign exit documents containing unfavorable exemptions from liability without knowing the consequences. If necessary, the two parties' responsibilities can be clarified through legal means.Labor arbitration and work-related injury compensation servicesConsult a lawyer to legally identify the dispatching unit as the respondent and calculate the compensation.

VI. Frequently Asked Questions

Q1: If a labor dispatch worker is dismissed, is it the dispatching unit or the employing unit that is responsible for this?

A labor dispatching unit is a legal employer, and the compensation and economic compensation for the unlawful termination of a labor contract are usually borne by it. The employing unit is not an employer. Only when the dispatching unit unlawfully returns the dispatched workers outside the statutory return circumstances, shall it bear corresponding legal responsibilities. Simply put, the dispatching unit is responsible for dismissal and compensation, and the losses caused by unlawful return can be claimed from the employing unit separately. Whether compensation can be obtained depends on proving that the termination is unlawful or the return is illegal, and identifying the identities of the two parties. It is recommended to prioritize the dispatching unit as the main object of rights protection, and if necessary, to include the employing unit as well.

Q2: What evidence do I need to prepare if I claim that the dismissal or return to work was illegal?

The core evidence includes: labor dispatch agreements and labor contracts (proving the tripartite relationship and the employing unit as the dispatching unit); salary records and social insurance records (proving the actual performance and the paying entity); dismissal notices, return notices, or communication records (proving the facts of termination or return); work permits, attendance records, and management records of the employing unit (proving the actual employment); and witness statements from colleagues. The evidence should be organized around the "labor relationship - dismissal or return facts - illegality". The more complete the materials are, the clearer the liability determination will be in arbitration or litigation. For oral dismissals, the employer should actively confirm them in writing and keep records of the process.

Q3: For labor arbitration and hiring a lawyer, how much does it cost to handle such cases?

Labor arbitration itself does not charge case acceptance fees, significantly lowering the threshold for safeguarding rights. If the party is dissatisfied with the arbitration decision and files a lawsuit, the litigation fees will be charged according to the "Method for Payment of Litigation Costs" on a per-case or per-amount basis, with relatively low amounts. Lawyer's fees depend on the complexity of the case, whether it involves the return of illegal funds, and the two parties involved. Generally, they are charged on a per-case basis, subject to the specific provisions of the agency contract, and there is no unified standard. If the subject matter is economic compensation or damages, the costs are relatively manageable. It is recommended to clarify the scope of fees with the law firm before entrusting them, and to allocate the budget to evidence fixation and identifying the responsible parties, to avoid only suing the employing unit and neglecting the dispatching unit.

Q4: How long does it usually take from the arbitration process to receiving compensation or damages?

Labor arbitration generally concludes within 45 days from the date of acceptance, and the time limit may be extended by 15 days if the case is complex. For those who file a lawsuit against the arbitration award, the first-instance summary procedure takes three months and the ordinary procedure takes six months. If the case can be appealed, the time limit will be even longer. Overall, for cases with clear evidence and clear responsibilities, the process from arbitration to enforcement can be completed within a few months; for cases involving mutual shirking of responsibilities and disputes over facts, the process will take longer. It is recommended to provide complete evidence during the arbitration stage to reduce the need for repeated litigation in the future. If the dispatching unit is unable to pay in the enforcement stage, the applicant can apply for property investigation and control against it according to law.

Q5: If a labor dispatch worker is dismissed, what should I do first?

It is recommended to follow four steps: First, collect and save the dispatch agreement, labor contract, salary records, and notifications of dismissal or return, to confirm that the dispatch unit is the employing unit; Second, determine whether the dismissal or return is legal, and evaluate the illegality against the statutory circumstances; Third, within the arbitration time limit, apply for labor arbitration for economic compensation or damages, listing the dispatch unit as the respondent, and if necessary, adding the employing unit; Fourth, calculate the length of service and the compensation base, and entrust a lawyer to fix the evidence of the responsibilities of both parties. Throughout the process, avoid signing exit documents containing unfavorable clauses, and protect your rights according to the law. If you need assistance, you can consult a lawyer as soon as possible.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.