Is it illegal to change the position of "regular worker" to "service outsourcing" to terminate the labor contract?

In today's workplace, signing a labor contract directly with the employer means that the status of a "regular worker", labor treatment and labor relations are guaranteed by law. There is also a "service outsourcing" employment form, such as security, cleaning and other jobs. There is no labor relationship between the staff and the actual employer, and sometimes the wages will differ a lot. If employees change jobs from "formal" to "outsourcing" without knowing it, how can they protect their rights and interests?

Xiao Yang, a native of Zhang Pu, Kunshan, has been working as a security guard in an electronic technology company in Suzhou since 201/kloc-0. On June 20 14, Xiao Yang was promoted to foreman because of his excellent performance, and his work has been down-to-earth and earnest. On October 20 18, 18 10, Xiao Yang also signed an open-ended labor contract with the company. In September of the same year, the company suddenly sent him a notice to terminate the labor contract, which made him puzzled. It turned out that the company claimed that due to business needs, the security work was contracted to a third-party security company, and the company no longer set up security posts.

At the same time, the company gave Xiao Yang two choices: either transfer to the workshop or leave with pay. As Xiao Yang has been engaged in security work for so many years, it is difficult to go to the workshop again. The two sides have been negotiating without results. After that, Xiao Yang received the notice of dissolution of the company and paid him an eight-month compensation of 48,000 yuan. Xiao Yang then applied for labor arbitration, and finally decided that the company did not terminate the labor contract relationship illegally, and only needed to pay 48,000 yuan in economic compensation. Xiao Yang had no choice but to file a lawsuit in Kunshan court, arguing that the company illegally terminated the labor contract and demanded to pay economic compensation of 96,000 yuan.

In court, the company claimed that Xiao Yang had been engaged in security work, but because the company outsourced the position to a third-party company, the situation changed greatly when signing the labor contract, and the original labor contract could not be fulfilled. It is legal to terminate the labor relationship only if the negotiation with Xiao Yang fails. At the same time, the company also pays wages and overtime pay in full as required, and is willing to pay economic compensation, and will not pay less.

After trial, the court held that the circumstances of the signing of the labor contract changed significantly, generally referring to the occurrence of force majeure or other circumstances that made it impossible to perform all or part of the terms of the labor contract. Whether it belongs to the situation of "significant changes in the objective situation" should not be expanded and abused. The company's decision to outsource services is entirely out of its own interests and does not belong to legal requirements. The situation has changed greatly when the labor contract was signed. In the end, the court ruled that the company illegally terminated the labor contract and should pay economic compensation of 96,000 yuan to Xiao Yang.

The judge's statement

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