How to deal with dual labor relations?
First, how to deal with the dual labor relations? If the laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it after being put forward by the employer, the employer may terminate the labor contract. When recruiting, the employing unit shall establish labor relations with workers in strict accordance with the Working Procedures for Signing Labor Contracts established by each unit. Second, the handling principle 1 and the protection of workers' rights and legitimate rights and interests are the core principles, and the burden of proof is more assigned to the employer. 2. On the premise that labor relations can be basically confirmed, in practice, employers will tend to be required to act according to the labor contract law. 3, the law does not prohibit the existence of dual labor relations, especially when the company's entry process is not complete enough, it will produce various problems in actual operation. Iii. Laws and regulations 1 Article 99 of the Labor Law If an employer recruits workers whose labor contracts have not been terminated, thus causing economic losses to the original employer, the employer shall be jointly and severally liable for compensation according to law. 2. Article 39 of the Labor Contract Law: The employer may terminate the labor contract under any of the following circumstances: (4) The employee establishes labor relations with other employers at the same time, which has seriously affected the completion of the work tasks of the unit, or refuses to make corrections after being put forward by the employer. 3. Article 19 of the Regulations on the Implementation of the Labor Contract Law is under any of the following circumstances. In accordance with the conditions and procedures stipulated in the Labor Contract Law, the employer may terminate the fixed-term labor contract, the non-fixed-term labor contract or the labor contract with the completion of certain tasks as the deadline: (5) The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to correct it after being proposed by the employer; (6) Where the employee concludes or changes a labor contract against his true intention by means of fraud or coercion or by taking advantage of the danger of others. 4. Article 26 of the Regulations for the Implementation of the Labor Contract Law is under any of the following circumstances. If the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay liquidated damages to the employer according to the stipulations of the labor contract: (3) The employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the unit, or refuses to correct after being proposed by the employer; (4) Where the employee concludes or changes a labor contract against his true intention by means of fraud or coercion or by taking advantage of the danger of others. Iv. Problem analysis and practical operation (I) According to the usual situation, based on the inclined protection of workers by law, it is more likely that there is a labor relationship between workers and Company B with salary records, work emails, attendance records and other people's certificates. (II) The nature of Company B's behavior 1, and the absence of a labor contract between Company B and A does not mean that there is no labor relationship, and there are legal problems in its behavior of not signing a contract and not paying insurance. 2. When Company B joined the company, it was not required to provide the certificate of resignation and other materials, and A was not obliged to inform Company B of its insurance paid by Company A on its own initiative. (III) Practical operation 1. Because of the dual labor relations, workers often need to work part-time, earn money from other jobs, and are dissatisfied with the status quo, if they can ensure that the two jobs do not conflict and do not need full-time jobs and obtain the consent of the company, they can completely coexist. Just pay attention to the contract type and specific terms when signing the contract. 2. If Company B wants to continue to employ A, and it is found that there is a time conflict between the two jobs, it can ask A to terminate the labor contract with Company A, re-sign the labor contract with Company B, and Company B will pay the insurance. 3. Company B thinks that A is fully qualified for two jobs that do not conflict, so it can let A sign a part-time employment agreement with Company B again, without any conflict with the work of Company A.. 4. If A works full-time for 8 hours in Company B, Company B can't terminate the labor relationship on the basis of "causing serious influence" in Article 39 of the Labor Contract Law. 5. If Company B wants to terminate the labor relationship, it can give a written or recorded notice to A, asking A to terminate the labor contract with Company A within a time limit. If A refuses to terminate the labor contract, Company B can terminate the contract according to Article 39 of the Labor Contract Law without paying economic compensation. 6. Party A and Company B can terminate the labor relationship through consultation, and Company B will pay part of the compensation. 7. If Company B forces the dissolution, it is more likely that when A applies, it will confirm the existence of its labor relationship and ask Company B to pay economic compensation according to law. To sum up, according to the theory in the Labor Law, a laborer can only establish a labor relationship with one employer, and if there is a dual labor relationship, other units cannot establish a personnel file for the laborer at the same time. In a certain degree, both the laborer and the employer should bear joint and several liability for compensation.