Can temporary workers be dismissed at will?

Temporary workers, belonging to part-time employment units can notify the termination of employment at any time.

According to the Labor Contract Law, any part-time employee may notify the other party to terminate the employment at any time. When the labor contract is terminated, the employer does not pay economic compensation to the employee.

There is no concept of temporary workers in China's labor laws and regulations. The "temporary workers" often mentioned in our daily life should include: part-time employment, short-term employment or seasonal employment with the completion of a certain task as the deadline.

Part-time employment refers to a form of employment in which hours are the main reward, and the average daily working hours of workers in the same employer generally do not exceed four hours, and the cumulative working hours per week do not exceed twenty-four hours.

Labor contract employment is the basic employment form of Chinese enterprises. Labor dispatch is a supplementary form, which can only be implemented in temporary, auxiliary or alternative jobs.

Temporary work mentioned in the preceding paragraph refers to work with a working time of no more than six months; Auxiliary posts refer to non-main business posts that provide services for main business posts; Alternative work refers to the work that can be replaced by other workers in a certain period of time when the employees of the employer are unable to work due to full-time study, vacation and other reasons.

If the dispatched worker falls under any of the circumstances specified in Article 39, Item 1 and Item 2 of Article 40 of the Labor Contract Law, the employing unit may return the worker to the labor dispatch unit, and the labor dispatch unit may terminate the labor contract with the worker in accordance with the relevant provisions of this Law.

legal ground

Article 71 of the Labor Contract Law stipulates that either part-time employee can notify the other party to terminate employment at any time. When the labor contract is terminated, the employer does not pay economic compensation to the employee.