With the development of society and the changes in the labor market, labor dispatch has become a common employment method. In this way, the protection of the rights and interests of dispatched workers has attracted more and more attention. Among them, whether labor dispatch workers can request to sign an indefinite-term labor contract is a worthy question. Next, Urumqi Tianyu Hongtu Enterprise Management Consulting Services will take you to understand whether labor dispatch workers can sign indefinite labor contracts, from the following aspects:
Clause. 1. Labor dispatch employment is a special employment, and the labor dispatch unit itself does not have jobs that can be provided, let alone jobs with an indefinite period.
Second,According to the second paragraph of Article 58 of the Labor Contract Law, "a labor dispatch entity shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years", which is an obligatory norm and a mandatory norm rather than an advocacy norm. This provision not only binds labor dispatch units, but also binds employees, and is a necessary intervention in the autonomy of the parties to the labor contract. According to the meaning of this article, it makes special provisions on the type and time limit for the employer to sign an employment contract, which is inconsistent with the provisions of Article 14 of the Labor Contract Law, and if the employer implements the provisions of Article 14 of the Labor Contract Law, it will inevitably violate the provisions of Article 58, Paragraph 2. In view of the fact that labor dispatch is a special chapter of the Labor Contract Law, and in accordance with the principle that special law prevails over common law, the general provisions of the Labor Contract Law may be excluded from the application of the special provisions of the special chapter of the Labor Contract Law.
Therefore, a labor dispatch entity can only sign a fixed-term labor contract with the dispatched worker for more than two years, and cannot sign an indefinite-term labor contract.
This article only represents my remarks, if there is any difference**.