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Can the labor dispatch contract be terminated at any time

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Can the labor dispatch contract be terminated at any time


        

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  • 2024-06-17 23:01:41

    No, the labor contract relationship is terminated as follows:
    First, the contractual relationship can be dissolved when the agreed conditions for dissolution are established;
    Second, the contract relationship can be dissolved when the parties reach an agreement to terminate the contract through negotiation;
    Third, the contract relationship can be terminated when the contract cannot be performed due to irresistible natural disasters. If the employer terminates the labor dispatch contract, the dispatch unit shall pay economic compensation.
    Article 65 of the Labor Contract Law of the People's Republic of China, the dispatched worker may terminate the labor contract with the labor dispatching unit in accordance with the provisions of Articles 36 and 38 of this Law.
    If a dispatched worker falls under the circumstances specified in Article 39 and Item 1 and Item 2 of Article 40 of this Law, the employing unit may return the worker to the labor dispatching unit, and the labor dispatching unit may terminate the labor contract with the worker in accordance with the relevant provisions of this Law.
    Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach consensus through consultation.
    Article 38 of the Labor Contract Law of the People's Republic of China, a worker may terminate his labor contract in any of the following circumstances:
    (1) Failing to provide labor protection or working conditions as agreed in the labor contract;
    (2) Failing to pay labor remuneration in full and on time;
    (3) Failing to pay social insurance premiums for workers according to law;
    (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
    (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
    (6) Other circumstances under which the labor contract may be terminated as stipulated by laws and administrative regulations.
    If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces the laborer to work at risk in violation of regulations, which endangers the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance.

    H***

    2024-06-17 23:01:41

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