Laborers' Rights Protection Should Pay Attention To "Three No" And Not Blindly.

Labourers should not be blinded when safeguarding their rights and interests of labor, and specifically, "three no".

　　一、不要告錯(cuò)對(duì)象

In life, this happens frequently. Some workers sign labor contracts with the head office, where they work, and others work in the sales department.

For those workers, if there is labor dispute, who should the workers inform?

For example, Wang as a company's sales representative was sent to a shopping mall counter. After two years, he found that his social security payment was blank.

So a complaint was sent to the labor dispute arbitration committee.

After the labor dispute arbitration committee tried to verify, it was confirmed that there was no labor relationship between the mall and Wang, because there was no labor relationship between the mall and Wang, but it was leased to the manufacturer, and Wang had never undertaken the labor relations management duties nor paid any remuneration. Obviously, the shopping Mall should not assume the obligation to pay the social security fee for Wang.

In fact, the above example concerns the subject of the complaint, and the arbitration complaint can not be wrongly accused.

Then, how can we not tell the wrong object?

When applying for a labor contract, a worker should know "what unit I am working for" and whether the employer has a business license or an independent legal person qualification.

For example, some foreign enterprises, such as representative offices and offices in Shanghai, are neither independent legal persons nor have independent employment rights. Therefore, they are not legally qualified for legal employment. In such a case, once the Arbitration Commission has made written decisions or rulings of inadmissibility, if the parties refuse to obey the law and bring a suit to the people's court, the people's court will refuse to prosecute after the examination is conclusive.

How can Wang's rights and interests be guaranteed?

In the case, the labor dispute arbitration commission finally added third vendors to the counters, and the ruling company should pay social insurance premiums for Wang.

Although Wang's rights and interests were eventually protected, the trial was complicated because of the fact that Wang had wronged him at the beginning, which prolonged the time of case hearing.

　　二、不要忽視證據(jù)

When a laborer advocates his legitimate rights and interests, he should provide relevant evidence to prove the legitimacy and rationality of his claim in addition to the employer's qualification.

In the practice of arbitration, a considerable number of workers can not provide relevant evidence when they advocate their rights and interests, such as labor contracts, payroll, attendance cards, deposit credentials, etc.

Because it is unable to provide relevant effective evidence, it is very difficult for laborers to claim their rights and get legal support.

For example, asking for payment of wage arrears, but unable to provide any evidence of arrears of wages; demanding overtime pay, but unable to provide attendance cards or overtime records, providing only personal records of overtime, etc., requiring units to pay less social insurance premiums, but can not provide any personal income certificate.

Therefore, it is very important for workers to keep certificates such as labor contracts, payroll and attendance cards while working.

This is also "prepare for the rainy day" and prepare ahead of time to protect our rights and interests.

　　三、不能過(guò)申訴時(shí)效

When we mention the labor arbitration appeal, we should pay attention to a key problem, that is, the limitation of appeal, in addition to preparing effective proof materials.

When a worker decides to go to the Arbitration Commission to assert his rights repeatedly, he is told that he has already exceeded the time limit prescribed by the law and has lost his chance to safeguard his rights and interests, because time limitation is a prerequisite for entering the labor arbitration.

Some workers do not understand the 60 days' legal provisions of the labor dispute application. Some of them have found that when the original units are paid for the calculation of the social security payment base, they are late when it comes to the arbitration.

Of course, in case of special circumstances in arbitration practice, if the party is unable to make a complaint in the time limit of appeal and has difficulty in entrusting the agent due to serious illness, the party concerned is unable to claim the time limit in the time limit of appeal because of the fact that the party has no civil capacity and no legal agent; the party can not complain in the time limit of appeal because of the obstacle caused by his subjective fault; then the parties have applied for mediation to the labor supervision department or the labor dispute mediation enterprise mediation committee, and the mediation of the relevant departments can not come again; when calculating the time limit, it will deduct the processing time of the department according to the certification materials issued by the relevant departments.