The 67 "Textile Workers" Were Dismissed.
After 67 years of working for the enterprise, the textile workers of Jintan changed their business overnight, but did not get any financial compensation. Recently, the case was finally ended in mediation. The representatives of the employees who received the financial compensation gave the flag to the legal aid center of Jintan excitedly.
67 textile workers collectively apply for legal aid.
Early in March 16th of this year, Jintan City The hall of Legal Aid Center was crowded with over sixty workers. In the reception, the staff learned that in the early March, Jintan Dayan garment manufacturing Co., Ltd. (hereinafter referred to as "wild goose clothing"), on the grounds of the company's overall sublease to others, gave oral notice to all employees to terminate the labor contract, but did not mention any economic compensation. Li and other 67 employees have repeatedly sought corporate compensation for negotiations. They have been refused by reason. In order to protect their rights and interests, Li and other people came to Jintan Legal Aid Center for legal aid.
67 parties are not unilaterally relieved by the labor contract.
After verification, the application of 67 employees in Li and other places accords with the conditions and scope stipulated in the regulations and relevant regulations, and the Jintan legal aid center accepts the case on file. With the continuous supplement of evidence, the case became clearer: this year, the wild goose garment boss took into account the textile in recent years. Garment industry After the negotiation of the recession, Changzhou peace Garment Co., Ltd. (hereinafter referred to as "peace clothing") intends to take over. But in March, migrant workers have basically finished their work. It is very difficult to employ a large number of skilled workers temporarily. After consultation, the wild goose clothing and peace clothing made an overall sublease agreement, and promised workers to be transferred with the company. In order to fulfil the agreement, the Dayan garment is convened at the staff meeting. When the labor contract of the enterprise worker is not yet expired, the party unilaterally proposes to terminate the contract, and requires all employees to sign a labor contract with the peace garment.
Li and other 67 workers (7 of whom are male, 60 women) are old geese clothing workers. The longest working age has been eleven years, of which 4 people have exceeded the statutory retirement age. Because the company failed to pay social insurance in a timely manner, it has been unable to renew. According to relevant laws and regulations, the company unilaterally dissolves the labor contract and should pay corresponding economic compensation. After preliminary calculation, the amount of economic compensation involved in the case is more than three hundred thousand yuan.
The enterprise has signed a whole sublease agreement and is unwilling to pay any economic compensation.
After entering the program, the staff contacted the geese clothing boss and wanted to communicate and coordinate the publicity through laws and regulations. Dayan clothing boss insisted: the whole enterprise sublease agreement has already entered into force, the labor relations with the workers have been relieved, and the wages of the staff have been cleared up. Taking into account the many years of work and many years of work done by the staff, the best way to arrange the staff is to do so before subleasing. This result is a win win result for both enterprises and employees, and is not willing to pay relevant financial compensation.
Li and other 67 workers think: although their culture is not high, but through the Internet, telephone and other ways for this matter to understand the relevant laws. The whole staff of the wild goose garment sublets is not aware of the situation until the staff meeting is held. The wild goose clothing not only violates the legal regulation to refuse to pay the economic compensation, but also takes the staff as the workshop and the equipment to the new enterprise equally, the practice is really resentful.
Legal aid lawyers investigate and collect evidence to help recover more than 30 compensation.
As a result, the differences between the two sides of the conflict are great, and mediation is deadlocked. The lawyer interviewed and analyzed the situation of his investigation and evidence collection to the Dayan clothing boss. The unit and the workers have unilaterally terminated the labor contract, and the economic compensation for Dayan clothing must be paid in full according to the law. At present, the situation of peaceful clothing is very clear. Many orders, equipment and factory buildings are all available. There will be no workers. If they are not handled well, not only will they not sublet, but they will also pay a penalty for breach of contract.
Under the pressure of many parties, the wild goose boss is willing to take on the economic compensation of the workers, but there is doubt about the amount of compensation. Under the recommendation of the Arbitration Commission, the geese garment company hired consultants and compensated the compensation for the case. Recently, after the meeting, the two lawyers reached a consensus through consultation: Dayan clothing to pay the original worker's economic compensation 320 thousand yuan.
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