The Court Finds That There Is A Factual Labor Relationship In The Absence Of A Labor Contract.

< p > Luan has participated in the preparatory work for a project of a company without signing a written a href= "http://www.91se91.com/news/index_c.asp" > labor contract < /a > with a construction company in Shanxi, and is responsible for the examination and management of engineering material purchase and labor management. But after nearly two years, Luan did not get the reward he deserved. < /p >
< p >, so Luan and a construction company are in court. Recently, the court of Yingze District of Taiyuan made a first instance judgment on the labor dispute and decided that there was a fact labor relationship between Luan and the construction company, and ordered the construction company to pay 60 thousand yuan for the labor remuneration of Luan. < /p >
< p > a construction company in Shanxi is the contractor of a project, and Liu is the person in charge of the project. < a href= "http://www.91se91.com/news/index_c.asp" > Project < /a > investor Yang and Liu are kin, one of the main persons responsible for the project. < /p >
< p > 2011, Luan and Yang together for the preparatory work of the project, during which Yang and Liu discussed the appointment of Luan for the procurement supervisor, Liu did not make a clear statement. In May 2012, after the project was started, Luan was in charge of engineering material procurement audit, labor management and so on. < /p >
< p > September 2012, Luan repeatedly asked for "a href=" http://www.91se91.com/news/index_c.asp > labor remuneration < /a > failed, and had to leave the project department and submit an arbitration to the Shanxi labor dispute arbitration committee for payment of 90 thousand yuan in the labor period. < /p >
< p > by arbitration, the Arbitration Commission supported Luan's arbitration request. But the construction company refused to accept the ruling and filed a lawsuit against the court. Construction company believes that there is no labor relationship between Luan and Luan, nor has it arranged for its work in the project department, and should not pay labor remuneration. < /p >
< p > the court held that Luan and construction company did not sign a written labor contract, but Luan had worked for a certain area project under the circumstances of the plaintiff's project leader Liu knew, and Luan had the right to claim the reward from the beneficiary, the project department. The project department does not have an independent legal person qualification, and the construction company as a founder shall be responsible for the production and operation or other business of its engineering department. < /p >
< p > related links: < /p >
< p > research should be adapted to the relatively centralized areas of non-public enterprises and non-public enterprises, and the organizational mechanism and mode of activities of labor union protection work should be carried out. The new mode of labor protection supervision and inspection network of non-public enterprises should be explored to promote the extension and function of the labor protection supervision and inspection network of labor union in non-public enterprises, and strive to solve the weakness of the labor protection supervision and inspection network of trade unions and industrial and regional trade union unions of non-public enterprises. < /p >
< p > we should actively explore the practical working methods and methods of labor protection in trade unions of non-public enterprises. In view of the characteristics of casualties and occupational diseases in non-public enterprises, we explore ways and means to ensure the effective implementation of trade union labor protection in non-public enterprises by means of "safety protection of workers' Congress," one law, three cards "," trade unions' active participation "," signing collective contracts for labor safety and health "and" 1+3 working method ". < /p >
< p > in addition, Heilongjiang will also mobilize workers to carry out hidden investigation and management activities. The Provincial Federation of trade unions will timely carry out inspections on the safety and occupational hazards of various organizations and workers. Trade unions at all levels should set up telephone reports, mailboxes, e-mail boxes, and publish them to the public, and actively promote the establishment of a coordinated solution mechanism for major accidents and serious workers' hazards. < /p >