Can employees on long vacation sign labor contracts with other units?

Introduction: Kunshan Z Company is a long-term client of this law firm. One day, Ms. F, the lawyer of Z Company, called and said that the company was interested in recruiting some new employees. There is nothing wrong with these new employees' working ability, experience and conduct, but their identity is quite special: they are employees of another company nearby, G Company. It is understood that in the first half of this year, orders of Company G suddenly dropped, and some employees had to take a long vacation. In order to make a living, employees on long vacation naturally have to find another job, so they contacted the neighboring Z company. Company Z believes that these employees are more capable and experienced, and can start work immediately after recruitment. The only doubt is that they did not terminate the labor relationship with the original unit (G Company). If they come to work in Z company again, will such a "dual" labor relationship bring legal risks? Lawyer's comment: After understanding the incident, the lawyer replied: For these employees who have been on long vacation by the original unit, the new unit can recruit and can and should sign labor contracts with them, which is in line with the law and reason. In practice, due to various reasons, many units often give employees long holidays, during which only basic living expenses are paid. For these employees who have been put on a long vacation, this basic living expenses is obviously not enough to make a living, and it is completely reasonable to find another job. For new units, recruiting these employees and giving them labor remuneration is also a good measure to provide employment opportunities and resolve social contradictions, which is worth promoting and permitted by law. At the same time, signing labor contracts with these "long-term workers" can also appropriately reduce the labor costs of new units. Because the labor relations of these employees are still linked to the original unit, the social security is still paid by the original unit, and the new unit can agree with it not to pay social security; As long as it is clearly agreed in advance, these employees can leave the new unit without paying economic compensation, and so on. Of course, it should be reminded that there are certain legal risks in signing labor contracts with these employees who have been on long vacation. The most typical example is work-related injuries. Because the labor relations and social security relations of these employees are still linked to the original unit, but the actual work is for the new unit, once a work-related injury occurs, there will be a very troublesome situation: the original unit cannot declare the work-related injury for the employees because the employees are injured because they are not working in the original unit; The new unit can declare work-related injuries for its employees, but it must bear all the compensation responsibilities for work-related injuries, and the social security department will not reimburse them accordingly-because the new unit has not paid social security for these employees. Therefore, whether to recruit such employees who have taken a long vacation by the original unit should be carefully considered according to their own situation.