Second Jobs, Rights And Interests Will Shrink?

A labor contract has been signed with a household unit, and at the same time has signed a labor contract with another household unit. Is it not a dual labor relationship? Is it a dual labor relationship in the daytime? Is it a dual labor relationship in the evenings? Is it a dual labor relationship when it is waiting for a job? Is it considered a dual labor relationship? Recently, the petition room has received many readers' consultation on dual labor relations, so as to clarify the crux of the problem, this journal invited experts in labor law to participate in the discussion.

Experts' opinions differ from each other in order to arouse the attention of the parties concerned, and make a clearer definition of the definition and rights and obligations of dual labor relations.

More than 20 years ago, Mr. Shen came to Shanghai to find a job to earn a living.

He works as a loader in a company near Tianmu Road.

The salary is not high, but both the boss and his colleagues are very good to him.

Although they hold the minimum wage, the social security companies do not fall.

After working for more than 20 years, he also gradually made the foreman from the workers, and the wages increased from the minimum wage to more than five thousand yuan.

"This company is not only good for its employees, but also flexible in working hours."

He said his job was made up of two periods: the first day of the day, 7 a.m. to 7 p. m., and 7 a.m. in the morning from 7 to third in the evening of second days.

"Equivalent to 24 hours of rest, one day."

But for a long time, Shen gradually felt that the wages of a job were not enough to subsidize the expenses of the family.

"At that time, my son was admitted to a university in Shanghai, and every year we had to prepare him for college tuition fees every year, so as to prevent any accidents at home."

At this time, a colleague of Shen told him a secret recipe for making money: go out and look for another job.

"My colleague has been doing security at this hotel for some time.

It happened that the man who had worked with him did not quit, and asked me if I wanted to go with him. I followed him to do it.

In March 2010, Mr. Shen signed second labor contracts with his colleagues.

A person doing two jobs, how to do it? Mr. Shen smiled and said that he completely arranged to come over. "My first two jobs were not far away, and a battery car was about 10 minutes away.

Secondly, the timing of the two jobs is quite coincidental.

One day, he worked as a foreman from 7 a.m. to Tianmu Road loading and unloading company. He went off duty at 7 p.m. and arrived at the hotel at 10 o'clock in the evening. He still had some time to work from the hotel at 8 o'clock in the evening. He had some supper to start work in the evening. He didn't get home until 8 o'clock on the morning of the second day, and then returned to the loading and unloading company to work at 7 o'clock on the evening of second nights.

As the stevedore company is a foreman, he works at night duty in the hotel. Therefore, these two jobs are not very strong, and they can cope with them.

Mr. Shen worked in the two companies for 6 years in this way.

Until March 11th of 2016, Mr. Shen, who was on duty, heard the news of the hotel changing boss.

"We had feelings before."

Before that, he had a hunch: the duty manager and shop manager complained that their wages had been delayed for a long time.

On the afternoon of the second day, Mr. Shen, who was resting at home, received a text message and asked him to go to the hotel lobby to discuss the matter of dismissal.

"When I passed, everyone talked very much. Security, cleaning, guest rooms and so on were all compensated by a two-month discount.

At that time, I also acquiesced in this way.

But there was a joke on the side: "master Shen, you two are working people and robbing us!" who knows, this sentence was heard by the boss.

Mr. Shen said that the boss knew that Mr. Shen had another job during the day, and told him that only giving him a month's minimum wage would be a compensation.

Mr. Shen felt that the boss was doing this to bully him.

"The boss didn't know I had another job outside. After signing the contract with the personnel, the hotel did not work.

If they fail to pay in, they will naturally know.

Over the years, I have had two jobs that I know about each other, and now I have to pay less compensation for this reason. This is not deliberately trying to embarrass me. "So, he wants to take legal weapons to defend himself." I also searched for many information on the Internet, but it seems that there is no such thing as mine.

He did not find the legal basis. In the end, because of the involvement of the street Federation of trade unions, the labor contract was terminated by consultation with the hotel, and a certain economic compensation was obtained.

However, he still wants to ask the question: does our law recognize dual labor relations?

Tang Yi, director of Tang Yi law firm in Shanghai, pointed out that at present, there is no clear recognition of double in the labor law system of our country.

That is, a worker can only have a labor relationship with one employer at the same time, and at the same time, it can only be labor relations with another employer.

Whether the dual labor relationship is legal is controversial in judicial practice.

However, from some legal provisions, we can still get a glimpse of legislators' attitudes towards dual labor relations.

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"The thirty-ninth article stipulates:" workers have one of the following cases, employers can dissolve labor contracts: (four) workers and other employers to establish labor relations at the same time, have serious impact on the work of the unit, or put forward by the employer, refusing to correct; "from these Provisions, it can be found that the law for workers to establish a dual labor relations is accepted attitude, but at the same time give the employers rescission.

In addition, in the sixty-eighth to 72 articles of the labor contract law, the "part-time employment" is also stipulated, which in a sense can be regarded as allowing the laborers to establish dual or multiple labor relations.

At the same time, judicial interpretation can also confirm this view from the side.

The third provisions of the Supreme People's Court on Several Issues concerning the administration of industrial injury insurance cases stipulate: "the social insurance administrative departments confirm that the following units are responsible for work-related injury insurance units, and the people's courts shall support them: (1) the establishment of labor relations between workers and two or more than two units. When workers are injured by industrial accidents, the units that workers work for are the units that bear the liability for work-related injury insurance."

From this we can also see that the judicial interpretation is an acceptable attitude towards dual labor relations.