To Make Money To Prevent Contract Risks

A few days ago, Hu Han, who had cheated over 261 yuan of migrant workers under the guise of overseas workers, was sentenced to no life, causing social concern.

In recent years, our province has dispatched more than 20 thousand overseas personnel annually and has been growing above two figures.

There are more and more Sichuan people who are fighting for foreign labor. Disputes over overseas labor disputes have gradually become a hot topic of litigation.

In May 26th, the provincial high court issued a typical case to remind people intending to "fight foreign workers": choose normal channels to exit workers and guard against contract risks.

Reasonable choice of rights protection channels outside litigation

Case: Leshan Shawan District Employment Service Authority signed a contract with Sichuan foreign labor and Economic Cooperation Co., Ltd., and the male farmers hired by the labor company to engage in ocean fishing for a fishing company in Taiwan.

Soon, local farmers signed a contract for overseas employment with the Employment Bureau, and boarded a fishing vessel located in Brazil, a company in Taiwan, fishing at sea.

In the same year, Lu Mou suffered from schizophrenia and returned home for treatment.

There are disputes over whether Lu's illness is a work-related injury.

Because he couldn't find the fishing company in Taiwan, Lumou took the employment agency and labor company to court, and on the ground of compensation for work-related injury, he asked the other party to bear all losses amounting to more than 100 yuan.

Judgement: two defendants paid a salary of 30 thousand yuan to Lu.

remind

The provincial high court official pointed out that in a case of Lumou, a fishing company in Taiwan was actually a employing unit. However, because Lu didn't make a claim for damages to the company, the request made by him was not completely resolved.

The judge suggested that overseas migrant workers could reasonably choose channels for safeguarding rights outside litigation.

When an employer is in arrears with wages or other labor disputes, he shall promptly report to the relevant procedures or complain to the local labor department. He who works in other areas outside Hong Kong, Macao and Taiwan may ask the Chinese embassy or consulate for help.

In the process of overseas employment, once there is labor dispute with foreign parties or domestic dispatched units, they may ask for help from the relevant provincial and municipal labor assistance centers in China.

The judge said that the cost of litigation is relatively high, so it is not uncommon to win the lawsuit and lose money.

It is suggested that the first choice of negotiation is to apply for legal aid and difficult relief from labor and social security departments, and to apply for labor dispute arbitration when negotiations fail.

Let the other party sign oral promise into the contract.

Case: Yibin international labor development company signed a labor recruitment contract. The latter hired Wang Wang, a farmer in Yibin County, to engage in fishing for a fishing company in Taiwan.

Agreed to be employed for 3 years, the monthly salary of $130; personal request to return in advance, compensation for international round-trip air tickets and other economic losses caused.

After borrowing $20 and RMB 200, Wang went abroad to work.

After second days of fishing, he developed lumbago.

His father issued a guarantee to the Yibin county labor development company, and agreed that his son would return home in advance and compensate for all the economic losses.

After returning home, Wang did not refund relevant funds, and the two company sued the two sons to court.

Judgement: two the company paid 2781.81 yuan or 200 yuan to bear by Wang, and his father was jointly and severally liable.

remind

The responsible person of the Provincial High Court pointed out that when signing the contract, "pay attention to the wages", while ignoring the specific working place, content, time and labor conditions, labor protection, rest and vacation, accommodation conditions, often lack the degree of hardship.

The judge recommended that those who work abroad should be cautious in signing and performing.

When signing a contract, pay attention to the terms such as the contract salary, the way of payment and the statutory welfare, and ask the other party to write the oral promise together into the contract; if the unreasonable thing is found, it should refuse to sign; once the contract is signed, it should keep the promise.

The judge stressed that when overseas workers safeguard their rights, they should pay attention to providing relevant evidence such as contracts. In the settlement of overseas litigation, local administrative coordination or judicial decisions should be respected.