Comment On The Labor Dispute Between Fang And Yujiahui Group

With the development of the economy and the emergence of group companies,the employment method is becoming more and more flexible.How to clarify the ownership of labor relations among complex group employees,thereby protecting the rights and interests of workers,regulating the labor market,it has become a problem that needs to be solved at this stage.The existence of multiple labor relations is in line with the need to regulate the current complex labor relations.Treating subsidiaries as a mix of employees can only solve the problem of the group company’s responsibility to the laborers,rather than the ownership of labor relations.As the sole employer,the group company poses a huge challenge to the independence of the legal personality.Each subsidiary,which under multiple labor relations,has its own responsibilities.According to different types of labor relations,it can exercise different rights and assume different obligations to workers.The specific rights must be agreed in the written labor contract.Dismissal is more complicated than the establishment of labor relations and has a great impact on the laborers,when there are multiple labor relations between the laborer and the group company.Legal regulations and judicial practices should ensure that the laborer will not be violated their rights and confused because of frequent changes in the employment subject.Dismissal can only be granted to a unit that has signed a writ ten labor contract with the worker.They also require compliance with legally prescribed procedures,the reasons for legal and reasonable,and effective external supervision.The employer shall strictly observe the time for exercising the right of dismissa l and grant the workers the right to defend.The employer may require the employee to bear compensation for the losses which had caused by them,but it must meet certain conditions,including subjective malignity,gross negligence,objective disciplinary b ehavior,and substantial damage to the employer.There is a causal relationship between the losses incurred by the employer and the disciplinary behavior of the employee.Employers requesting workers to compensate employers for losses must follow the princ iple of moderation.