Return Case ListCommercial Disputes

Labor Dispatch Contract Dispute Between a Human Resources Company in Xiamen and a Client

Case Summary

Plaintiff Xiamen [Name] HR Service Co., Ltd. and Defendant Fujian [Name] Manufacturing Enterprise entered into a "Labor Dispatch Service Contract," under which the Plaintiff agreed to provide labor dispatch services by sending frontline production workers to the Defendant's workshop. The Defendant was obligated to pay the Plaintiff a service fee of 150 yuan per employee per month, settled monthly. In accordance with the contract and the Defendant's job requirements, the Plaintiff dispatched qualified employees. After using these employees for 3 months, the Defendant refused to pay the service fees for 3 months totaling 18 ten thousand yuan, citing that some employees did not meet job requirements and had low work efficiency. The Plaintiff filed a lawsuit against the Defendant, demanding payment of the outstanding service fees and liquidated damages.

Key Dispute

1.Do the plaintiff's dispatched employees meet the job requirements specified in the contract?
2.被告以员工不符合岗位要求为由拒付服务费的抗辩是否成立
3.Does the liquidated damages claimed by the plaintiff comply with the contract agreement and applicable laws?

Case Strategy

1.Fixed-term labor dispatch service contract, job requirement documents, employee onboarding records, attendance logs, defendant's performance evaluation records for employees, service fee settlement statements, and communication records between both parties as key evidence.
2.The Plaintiff has demonstrated that the dispatched employee fully meets the job requirements stipulated in the contract. The Defendant conducted an interview and assessment upon the employee's onboarding and confirmed their qualification for the role.
3.The defendant's claims regarding low employee productivity are matters of post-hire management and performance evaluation, falling outside the scope of the plaintiff's contractual obligations. The defendant cannot refuse to pay service fees on this basis.
4.Calculate the liquidated damages for the defendant's overdue payment based on the standard specified in the contract.

Processing Result

The court ruled that the defendant shall pay the plaintiff the outstanding labor dispatch service fee of 18 ten thousand yuan, plus overdue payment interest calculated on the principal amount of 18 ten thousand yuan at the loan prime rate published by the National Interbank Funding Center from the due date of the service fee until the date of actual payment. The defendant shall bear all litigation costs for this case.

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