Employees' Claims Are Rejected. Only Labor Remuneration Documents Can Not Prove Labor Relations.

"I have two bank cards to prove that a garment company has paid me a salary." According to the provisions of the labor contract law, Mr. Wu, who worked for three years, asked a clothing company to pay double wages and pay social insurance premiums during the period of not signing the labor contract. When the arbitration court, the court of first instance and the court of Final Appeal held the court, no one of the clothing companies took part in the trial. Because the evidence was insufficient and the proof was not enough, the court dismissed all the claims of Mr. Wu.

So, does the income certificate entered into the bank account do not prove the existence of labor relations between the two sides? With Mr. Wu's question, the reporter interviewed the lawyer.

arbitration

No contract has been worked for three years. Application for compensation Unsupported

Mr. Wu said he had been unemployed after buying a factory from a factory. In September 2006, he was introduced to a clothing company as a driver by a friend, and the monthly salary was 1500 yuan. The clothing company has not signed a written labor contract with Mr. Wu, nor has he paid social insurance.

In October 2009, the company leader found Mr. Wu, saying that the company was not doing well in the business, and temporarily stopped production. Mr. Wu had not been able to wait for his work until he returned home. After second years of Spring Festival, Mr. Wu went to the company to find the leader, but he found that the company had already moved away.

In March 2010, Mr. Wu applied to the labor arbitration in his district, asking the clothing company to pay the social insurance premium from September 2006 to October 2009, the salary in October 2009, and the double wage of the labor contract, which was 30 thousand yuan. However, the Arbitration Commission did not support his request. Mr. Wu refused to accept the ruling and filed a lawsuit against the court.

first instance

The bill is not. Chain of evidence Insufficient evidence to be refuted

The defendant's clothing company was summoned by court and did not appear in court.

In order to prove that he had a real labor relationship with a clothing company, Mr. Wu submitted a statement to his bank account in the court, claiming that the company paid the wages from November 2007 to February 2008 and February 2009 to April.

The court found that a clothing company entered the account of Mr. Wu monthly in wage form from December 2007 to March 2008. It was 1600 yuan from March 2009 to May 2009, and 1006 yuan, 1790 yuan and 1585 yuan were entered into another bank account by Mr. Wu in the form of wages in March 2009.

The court held that the parties concerned had the responsibility to provide evidence to prove the facts on which the claims made by them were based. No evidence or evidence was insufficient to prove the factual opinion of the parties, and the parties who bear the burden of proof bear the adverse consequences.

In this case, Mr. Wu advocated that he had a factual labor relationship with a clothing company from September 2006 to October 2009. For this reason, Mr. Wu provided only 7 months' labor remuneration paid by a clothing company to his account in December 2007 to March 2008 and March 2009 to May. No other valid evidence was confirmed, and no evidence chain could be formed between evidence, and there was a lack of correlation between evidence and facts.

Therefore, the evidence provided by Mr. Wu can not prove that he has formed a full-time labor relationship with a garment company. Finally, the court decided that Mr. Wu asked a clothing company to pay twice the salary and pay the social insurance premium, and would not support it on the basis of insufficiency.

After the verdict, Mr Wu refused to accept the appeal. Intermediate court 。
 

Final judgment

It is not possible to prove that the final judgment of labor relations is upheld in the first instance.

Mr. Wu appealed that because the management of a garment company was chaotic and the employment was not standardized, the two sides had neither signed a labor contract nor paid their own social insurance, so now they can only prove the existence of labor relations through the record of wage payment.

Mr. Wu asked the court to investigate all the wage payments in his two bank accounts, not just the 7 wage records he provided, but the court of first instance did not identify it, so he asked the intermediate court to revoke the original judgment and support his claim.

After investigating, the intermediate court held that the establishment of labor relations between the laborers and the employing units depends not only on whether the employer has paid the labor remuneration, but also whether the workers and employers have the status of affiliation.

In order to prove that he had a labor relationship with a clothing company from September 2006 to October 2009, Mr. Wu provided a detailed list of the payment paid by the clothing company through the bank, but only 7 months' labor reward after enquiry, but not continuity, could not prove the fact that Mr. Wu had to prove.

In view of the fact that individual or unit can be labor relations or labor relations or employment relations, when Mr. Wu has no other evidence, such as work permits, attendance cards, or other evidence, the court of first instance concluded that the two sides did not form full day labor relations during the above-mentioned period.

Lawyer comment

Payment of documents is not enough.

Evidence for employee rights protection

In response to the case, the reporter interviewed the Beijing Fengtai District Federation of Trade Unions Labor Dispute Mediation Center trade union lawyer, Beijing East Yi law firm lawyer Xu Yan Yan.

Xu Yanyan lawyer introduced that, in law, if a labor contract was established, but not a written labor contract was signed within one month after the employment, the laborer and the employer would establish a real labor relationship. In this regard, the labor contract law requires employers to bear the highest liability for the 11 month wages of the worker.

In practice, there is no labor contract, laborers demanding confirmation of labor relations is indeed a certain degree of difficulty. However, workers' work records, tooling, work permits and social security certificates left in the work can be provided to labor arbitration and courts as evidence of labor relations with employers.

In this case, Mr. Wu showed evidence of discontinued payment by the employer. This is just a thin piece of evidence. It can not prove and exclude any other cooperative relationship with the employer, such as labor relations, employment relationship, and even part-time employment relationship. And these cooperative relations, employing units are not able to pay social insurance, do not pay the written labor contract not signed double wages. Therefore, Mr. Wu lost the lawsuit, mainly in the evidence submitted and the power of proof.

Lawyer Xu Yanyan reminded that in case of illegal employment by employing units, laborers must carefully retain the records retained in the work and other evidence that can prove the existence of labor relations with the unit so as to protect their legitimate rights and interests from being infringed. (