• <abbr id="ck0wi"><source id="ck0wi"></source></abbr>
    <li id="ck0wi"></li>
  • <li id="ck0wi"><dl id="ck0wi"></dl></li><button id="ck0wi"><input id="ck0wi"></input></button>
  • <abbr id="ck0wi"></abbr>
  • <li id="ck0wi"><dl id="ck0wi"></dl></li>
  • Home >

    Working On Contract Is Still Labor Relations.

    2015/2/4 16:27:00 8

    ContractOn-The-JobLabor Relations

    The parties signed a workshop with the company.

    Contract agreement

    The contract is not fully terminated.

    Due to the lack of legal knowledge, it is wrongly believed that the labor relations between the two sides have been pformed into contractual relations, and the direct prosecution to the court requires the company to pay compensation for breach of contract damages of 500 thousand yuan.

    Recently, a people's Court concluded the contract dispute case. The first instance ruled against the plaintiff's cover.

    Prosecution

    In October 20, 2012, the plaintiff formally became a defendant company after filling out the registration form.

    staff

    In November 10, 2012, a contract agreement was signed between the defendant and the defendant. The defendant awarded the company "car flower Department" from November 1, 2012 to the plaintiff for two years.

    The contract stipulates that the creditor's debt and debt, the plaintiff's work injury and the industrial injury insurance are responsible for the plaintiff's work injury and industrial injury insurance during the production and operation of the plaintiff; the defendant shall not interfere with Party B's production and personnel allocation, but the plaintiff must unconditionally obey Party A's factory regulations and management regulations; if a breach of contract, a party in default will pay 3 times the bottom salary to the other party as compensation for breach of contract.

    After the signing of the contract, both parties fulfilled the contract 6 months according to the contract. In April 2013, the defendant unilaterally terminated the contract and dismissed the plaintiff.

    After the trial, the court held that, from the instructions of the defendant (plaintiff) and the commuter card of the plaintiff, the relationship between management and management was reflected. Therefore, the plaintiff and the defendant company were not equal subjects in the contract law, and the disputes arising from the two parties were also not within the scope of the contract law.

    The agreement signed between the defendant and the defendant is still an internal management contract in the labor relations, and its relationship is actually a labor relationship, not a contractual relationship.

    Accordingly, the court made the above judgment.

    Related links:

    The company does not have a clear agreement on the standard labor hours in the labor contract signed at the time of your entry, but refuses to pay overtime fees on the basis of the comprehensive working hour employment system. There is no factual basis and legal basis.

    First of all, labor contract is a special form of contract, but it belongs to the category of contract.

    Therefore, labor contracts should also be subject to the principle of contract, including the principle of good faith.

    Your company still fails to perform in accordance with the contract in a definite contract. It violates the obligations stipulated in the contract and violates the principle of good faith, which is improper.

    Second, according to the provisions of the "wage payment regulations", the thirteenth "labor contract signed by the employer for a comprehensive working hours must be examined and approved by the labor administrative department". The letter does not reflect the fact that the company has produced the approval document of the labor administrative department to you, that is, there is no labor contract agreement with comprehensive working hours.


    • Related reading

    Guo Jun: There Are Seven Problems In The Implementation Of The Labor Law.

    Labour laws
    |
    2015/2/3 18:35:00
    18

    Reflection And Reconstruction Of Wage Concept In Labor Law

    Labour laws
    |
    2015/2/2 22:26:00
    32

    How To Prevent Contract Fraud In Business?

    Labour laws
    |
    2015/2/2 22:10:00
    23

    The Labour Law Encountered New Problems, Which Should Be Revised.

    Labour laws
    |
    2015/2/1 21:07:00
    34

    Judicial Move Forward To Forge Forward Position Of Legal Service

    Labour laws
    |
    2015/1/31 14:44:00
    43
    Read the next article

    What Do Units Do When They Violate The Contract And Do Not Pay Overtime?

    According to the stipulation of wage payment, the thirteenth labor contract signed by the employer must be approved by the labor administrative department. The letter does not reflect the fact that the company has presented the approval document of the labor administration department to you, that is, there is no labor contract agreement with a comprehensive working hours.

    主站蜘蛛池模板: 免费观看美女裸体网站| 无码av天天av天天爽| 日韩一卡二卡三卡| 天堂电影在线免费观看| 免费很黄很色裸乳在线观看| 久久久久久国产精品免费免费 | 看大片全色黄大色黄| 日韩免费小视频| 国产女人高潮抽搐叫床视频 | 国产精品毛多多水多| 午夜影院老司机| √天堂中文在线最新版8下载| 高清一区高清二区视频| 欧美在线xxx| 大肉大捧一进一出好爽视频动漫| 国产AV寂寞骚妇| 久久免费精品一区二区| xxxxx亚洲| 日韩精品无码免费一区二区三区 | 女人扒开裤子让男人桶| 国产一区二区三区在线免费| 中文字幕资源在线| 黑人巨大sv张丽在线播放| 欧美多人换爱交换乱理伦片| 在线视频亚洲欧美| 制服丝袜一区二区三区| 中文版邻居的夫妇交换电影| 黄页视频在线观看免费| 日本免费网站观看| 国产在线不卡一区| 久久精品国产亚洲av麻豆色欲| jizzjizz中国护士第一次| 日韩精品无码免费专区午夜不卡| 国产亚洲一区二区在线观看| 久碰人澡人澡人澡人澡人视频| 手机在线观看你懂的| 波多野结衣中文字幕一区二区三区| 女房东用丝袜脚夹我好爽漫画| 亚洲精品乱码久久久久久蜜桃图片| 西西人体欧美大胆在线| 日韩乱码人妻无码中文字幕|