2008Year May 30thA friend of Mr. Zhang, said: my 2007 October consultation with * * labor dispatch company signed labor contracts, the deadline to 2008 April termination, was sent to the Shanghai * * company, in February 1, 2008 the employer should I work overtime, I said not to work overtime because the body is not good, the unit that you can't work overtime not to come, so give me a dismissal notice, contact me after the Spring Festival and other services to send the company, labor dispatch company to contact me the new unit, I ask for less than 1800 yuan a month not to contact the 3 unit, I didn't go to the Office for mediation, the mediation proposal in March 18th to * * town of labor disputes, the labor dispatch companies to pay for the loss of 3800 yuan, both parties reach the mediation agreement: the labor dispatch company paid 1100 yuan to settle the matter; labor contract automatically terminates; no other disputes. Labor dispatch company manager immediately pay 1100 yuan, I played receipt called "received 1100 yuan and the units of labor disputes". In this agreement, I think eating, can I go to apply for arbitration?

   Answer: first, you and the employer Shanghai * * Enterprise Inc no labor relations, they have no right to "fire" you, but if there are legitimate reasons can take you back to the labor dispatch unit.

   Second, it should be pointed out, the employing units to justify you returned to the dispatch of units, can only be provided for in the second paragraph of "labor contract law" sixty-fifth: "the dispatched workers are the thirty-ninth and fortieth first, the provisions of the second case, the labor service unit will return him to the labor dispatch unit, the labor dispatch unit in accordance with the relevant provisions of this law, may terminate the labor contract with the laborer." this law the provisions of article thirty-ninth: workers in any of the following circumstances, the employer may terminate the labor contract: (a) in the trial period proved to be inconsistent with the conditions of employment; (two) a serious breach of the rules and regulations of the employer; (three) a serious dereliction of duty, engages the fraud to cause significant, to the employer's damage; (four) the establishment of labor and other labor units employing task seriously, on completion of the work unit, or by the employer, if it refuses to make correction; (five) for the twenty-sixth paragraph in the case of invalid labor contract (the; six) was investigated for criminal responsibility according to law. The method of article fortieth (a): the employee is sick or non work related injury, after a certain period of medical treatment can not engage in the original work can not be engaged in be arranged by the employing unit work; chapter (two): the employee is incompetent after training or adjustment, post, still not qualified for the job. Visible, the employing units shall return the dispatched workers mainly because laborer does not meet the conditions of employment or serious violation of law. If what you say is true, labor units Shanghai * * Enterprise Inc dismiss you obviously belong to illegal behavior.

   Third, judging from what you say, you leave Shanghai in February 1, 2008 * * foreign Enterprise Inc, after the Spring Festival after the labor dispatch company met with * *, * * labor dispatch company recommended 3 units were not for you, you also present monthly salary less than 1800 yuan unit not to go, this is another way of expression you active termination of labor contract. In the * * labor dispatch companies continue to seek new units for its time, you have to * * town Mediation Office for mediation, so you are not in.

   Fourth, "labor dispute mediation and Arbitration Law" fourteenth stipulates: "the mediation agreement by both parties signed or stamped, signed by the mediator and stamped with the seal of the mediation organization after the entry into force, binding on both parties, the parties shall perform." form from the "mediation" elements, both parties have signed; mediator has been signed; with the "Pudong New Area city Shanghai town labor dispute mediation office * *" seal, the complete form in accordance with the relevant provisions of the "mediation" elements, the parties have to double.

   Fifth, from the essential elements of the "mediation" look, it is a sign between the two parties is entirely voluntary conditions, no stress; two is it is said, the true meaning of the parties have no misunderstanding; three is not in violation of the law prohibiting stipulation, in accordance with the constitutions of civil juristic acts; four do not damage the interests of the state, the collective and the other third people; the five is the two sides agreed that "the original (labor) contract terminates naturally", "the two sides have no other dispute"; six is the mediation agreement both sides have signed the labor dispatch company * * immediately, immediately agreed to pay the 1100 yuan, you immediately received the 1100 yuan, the "mediation" mediation of the rights and obligations of both sides have fulfilled.

   Sixth, "labor dispute mediation and Arbitration Law" Fifteenth article: "after a mediation agreement is reached, a party in the agreement period of non - Performance of the mediation agreement, the other party may apply for arbitration according to law." Prerequisites you applied for arbitration, labor dispatch company * * should not perform the mediation agreement, send in the * * services company has been performed in accordance with the agreement, you cannot be back, or a violation of the "Supreme People's Court on the trial of civil cases involving the people's conciliation agreement provisions" about "by the people's Mediation Committee for mediation to reach, contents of civil rights and obligations, and stamped by both parties sign or mediation agreement, have the nature of civil contract. The parties shall perform their obligations stipulated in the provisions, shall not unilaterally modify or terminate the mediation agreement ".

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