Labor dispatch contract for property employees

Case analysis: This case will support Ms. Huang's arbitration application. Labor and capital sign a labor dispatch agreement, and the enterprise shall not dismiss employees at will. Between the property management company and Ms. Huang, the two sides signed the Labor Dispatch Agreement instead of the labor contract, but in fact, the relationship between the two sides is labor and employment. When recruiting Ms. Huang, the property management company did not go through a labor agency, so the employer should sign a formal labor contract and pay social insurance premiums for Ms. Huang when establishing a labor relationship with the employee. The property management company thinks that it is a labor dispatch relationship with Ms. Huang, so the company can terminate the employee's labor contract at will without undertaking relevant obligations, which is a misinterpretation of the Labor Contract Law and a misunderstanding of "labor dispatch". Labor dispatch relationship or labor employment relationship is only different in employment forms and ways. No matter what the reason, if the labor relationship is terminated due to the fault of the employee, relevant evidence must be provided. If the unit cannot provide evidence, it can only bear the adverse consequences of providing evidence. In terms of economic compensation, Ms. Huang worked for 2 years and 7 months. Because she was dismissed without reason, she should be given financial compensation of three months' salary. In addition, the company requires Ms. Huang to leave her job immediately and pay an extra month's notice in lieu.