Unit Denies The Agreement On Labour Relations As Confirmation Evidence

Yang said that it was engaged in equipment installation in October 15, 2013 to Rizhao certain equipment Co., Ltd.

In November 1, 2013, he was injured in the process of work and hospitalized for 14 days. The medical expenses were paid by the equipment company.

At that time, the two sides did not sign labor contracts, and the company did not pay social insurance premiums for them.

When he applied for industrial injury identification, Yang lacked the relevant evidence of labor relations between the two sides and was asked to submit it within a specified time limit.

To this end, Yang filed an arbitration application with the local labor and personnel dispute arbitration committee, and requested confirmation of his labor relationship with the equipment company in accordance with the law.

After verification, the equipment company signed a contract with Liu.

The content is: "our company has reached an agreement for the staff yang to tear the ligaments of the leg due to operational errors at the construction site.

The company has been treated and rehabilitate in hospital at the end of 2013, and the medical expenses are paid by our company.

After rehabilitation, the two sides agreed to pay 5000 yuan for a one-time payment.

After receiving cash, Yang has nothing to do with the company.

The Arbitration Commission considers that

The sixth provision of mediation and Arbitration Law stipulates that when a labor dispute arises, the party shall have the responsibility to provide evidence for his own proposition.

Where there is no evidence or evidence to prove the facts of the party, the party who bears the burden of proof shall bear the adverse consequences.

In the trial, the legal representative of the equipment company authorized yang to be in charge of it.

The fact of the injury, but denied that there is labor relations between the two sides, and has always argued that Yang is his co operative Liu hired, and the dispute between the two sides has been resolved.

However, the agreement provided by the equipment company has proved that the argument of the legal representative can not be established, so that there can be a labor relationship between Yang and the equipment company.

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Laid-off worker Li Zhong was introduced to a foreign enterprise in June 2008 and worked as a doorman.

In September 25, 2014, the company relieved labor relations with Li on the grounds of changes in internal management.

Labor relations continued from June 2008 to September 25, 2014, totaling 6 years and 3 months.

In the past 6 years, the company has not signed labor contracts with Li Zhong, nor has he paid any social insurance for Li, such as pension, medical care, unemployment, etc.

Li Zhong has repeatedly found the person in charge of the enterprise and asked to pay social insurance for him, but he was refused because he was a temporary worker.

Li Zhong had to pay old-age insurance and medical insurance on time in his own name.

After Li Zhong was dismissed by the unit, he had repeatedly found complaints from departments concerned that they had no complaints.

In order to safeguard his legitimate rights and interests, Li visited the petition Office of the Xi'an Federation of trade unions in December 2, 2014 and asked the trade union to help him safeguard his legitimate interests.

The basic case of Li Zhong case: enterprises violate the labor contract law and social insurance law, refuse to sign labor contracts with workers, do not pay social insurance for employees, arbitrarily terminate contracts, infringe upon the legitimate rights and interests of workers.

To help Li in safeguarding rights, we must first confirm that Li Zhonghe has labor relations in employing units.

Through the investigation and understanding of the trade union petition room, a large amount of evidence has been obtained, which proves that Li and some enterprises have labor relations.

Subsequently, the trade union and the enterprise have been contacted, and the staff of the company have a strong attitude, explicitly denying the Union's mediation.

According to the relevant regulations, the trade unions petition room decided to take legal proceedings, provide legal aid for Li Zhong, and appoint special agents to represent him in litigation.

According to the legal procedure, the arbitration committee of the Huxian labor and personnel dispute is first arbitrated by the contract performance.

During the court hearing, the labor union provided the arbitration tribunal with the "Notice of dismissal" and "the 12 months' payroll" of the laborers and so on, which strongly proved the labor relationship between the laborers and the employing units. According to the relevant laws, three suggestions were put forward on the application of the applicant in the facts and the application of the law: first, the pension insurance and medical insurance compensation: according to the regulations of the social insurance collection Ordinance, the payment of social insurance is not only the legal obligation of the laborers, but also the legal obligation of the employing units. The employing units should pay the old age insurance and social insurance for the workers.

The two is the issue of economic compensation: according to the provisions of the forty-sixth and forty-seventh articles of the labor contract law, the employing unit should immediately pay the economic compensation to the worker according to his working life when he dissolves the labor relations between the two parties.

The three problem is unemployment insurance: according to the implementation of the unemployment insurance Ordinance of Shaanxi Province, the employing units should pay unemployment insurance according to law. When relieving the labor relationship between the two sides, laborers can enjoy the monthly payment of unemployment insurance benefits.

Because the employer failed to pay unemployment insurance according to the law, Li Zhong could not receive unemployment benefits on a monthly basis.

Therefore, the applicant's loss in Li Zhong should be applied to the enterprise.

After two sessions, the agents appointed by the trade unions supported the legitimate rights and interests of the workers on the basis of facts and weapons.

The employer agrees to the mediation of the Arbitration Commission.

In December 16, 2014, after arbitration, the Huxian Arbitration Commission ruled that the total cost of the applicant's economic compensation to the applicant was 31000 yuan, which was paid within 3 working days after the entry into force of the mediation agreement.

The two sides signed the labor dispute settlement agreement and settled the case.

The second and tenth articles of the labor contract law expressly provide for the establishment of labor relations between employers and workers in People's Republic of China, such as enterprises, individual economic organizations, private non enterprises, etc., and a written labor contract shall be concluded with the laborers.

It is also stipulated that a labor contract has been established and a written labor contract has not been written at the same time. A written labor contract shall be concluded within one month from the date of the employment.

The fourth article of the social insurance law is that employers and individuals in People's Republic of China pay social insurance according to law.

The company infringes upon the legitimate rights and interests of the workers. The workers, with the help of the trade union, take the law as a weapon to recover justice, and fully demonstrate that the law is fair.

At the same time, enterprises should be reminded to abide by the law and discipline, otherwise they will be severely punished by law.