The Boss Compensated 65 Thousand Yuan For No Reason.

"I really do not want to go to the villager's lawsuit to complain about this step, but I can't help it. I have worked for 8 years in the processing factory, and the boss didn't even greet him, so he dismissed me for no reason.

Thanks to the Union's free protection, I won't win the case! "Zhang Lishan, a peasant in Beijing suburb who had lost his job, got his job recently.

It was very exciting when the Arbitration Commission asked the unit to pay 65 thousand yuan damages.

Beijing Federation of trade unions legal service center responsible person told reporters: "in the past, we all thought that trade unions to provide legal aid for migrant workers group refers to the rural migrant workers who come to Beijing to work in rural areas, in fact, Beijing's rural household workers are also recipients, Zhang Lishan is one of the many beneficiaries who enjoy free trade unions."

Zhang Lishan, 43, a villager from a village in the suburb of Beijing, said: "by the end of 1995, Zhang Chenghai of the same village had run a Kaye machinery processing company in Beijing. He urgently needed to know the skills of the forging technician, and I had worked in a few years as a forger in other factories, so he came to my home and asked me to go to work in his company.

At that time, there was no work in winter, and my wife advised me to go. He lived in a village with the same family name, and I agreed.

In January 1, 1996, he officially went to the processing plant to report to work.

In the processing plant, Zhang Lishan is the only forger who has had relevant work experience. The quality of the parts he processed is good and the customers are satisfied.

Due to the good reputation, people are constantly coming to discuss business and order more and more. In a few years, the processing factory has developed from several small workshops to nearly 100 employees.

Although the company grew stronger and had little to do with itself, Chang Lishan was especially happy for his boss.

In early 2013, several workers in the factory wanted the employer to sign a labor contract with himself and pay social insurance.

They know that Zhang Lishan has great influence on the company. If he wants to speak out, the boss will give face to him, so he will go all the way with him.

"I think there is nothing wrong with the signing of the contract, but social security should still be there, which is a big problem related to the retirement of employees."

Zhang Lishan introduced, in order to himself and other workers' interests, he asked his boss Zhang Chenghai for two times, hoping that the processing factory could pay the social security fee.

The boss not only did not agree, but also dismissed several employees who took the lead in his opinion, but he left him alone. But the boss was not satisfied with Zhang Lishan. He thought he was acting against himself at the critical moment.

Gradually, many workers realized that according to the law, the processing plant should sign labor contracts with themselves and pay social insurance. When these legitimate rights and interests were infringed, employees would jump to work, and the economic efficiency of enterprises would also decline.

Zhang Lishan said, "in the morning of March 3rd last year, I just arrived in the factory, and the director Liu called me to go there.

When he got there, he said, "there is no work in the factory now, so that I can go to the finance department to settle my wages, and I will not have to go to work again from second days."

After working for over 8 years in the processing factory, he was dismissed from this job. Zhang Lishan was very unhappy. He telephoned the boss Zhang Chenghai to ask, but he couldn't get through.

He used a friend's cell phone to dial over. This time it was finally passed. The other person listened to his voice. He could not hear clearly when he heard the excuse, and then hung up.

He lost his job without any reason and wanted to communicate with his boss, but he couldn't get what he wanted. Zhang Li was somewhat angry. He filed an arbitration application with the local labor arbitration commission. He asked Beijing Kay Guiyang machinery processing company to pay the economic compensation for the cancellation of labor relations, the unpaid social security compensation, and the annual leave pay.

Although submitted

But how to fight this lawsuit, Zhang Lishan is a mystery.

In November 2014, he went to the Beijing Federation of trade unions Legal Service Center for consultation.

After hearing that employees could enjoy legal aid services, he wanted to apply, but he did not know whether he was qualified or not.

After examination, the staff told him: "you are an agricultural account in Beijing, belonging to migrant workers, which is in line with the conditions for applying for legal aid from trade unions."

Subsequently, the service center opened up the procedures for Zhang Lishan.

"How did you leave your job?" "the company gave me an oral notice not to let me go to work."

Two days later, the legal aid lawyer appointed by the law enforcement center met with Zhang Lishan to see the situation.

"Has the unit signed a labor contract with you? Do you have any evidence of the annual leave?" "no labor contract has been signed, and there is no evidence that the factory has not issued any annual leave. I have only a salary bank card record."

The trade union legal aid lawyer took over the details of the wage card handed over by Zhang Lishan and looked through the pages.

"Do you agree to conciliation before a ruling is made?" "yes."

"Mediation is based on mutual willingness. If you can accept the mediation plan of the unit, you can sign a mediation agreement.

Mediation can solve the problem as soon as possible and save a lot of time and cost. If the two sides insist on their own opinions, a common labor dispute case may go to the first instance and second instance after arbitration. "

Zhang Lishan nodded. "I see."

Next,

The legal aid lawyer inquired in detail about the whole process of the labor dispute, and introduced the relevant regulations and contents of the labor law, and urged Zhang Lishan to find some evidence material again.

Zhang Lishan said with emotion, "I thought I would wait for the court to apply for arbitration. I did not expect to find evidence to prove that I had a labor relationship with the unit.

I can't understand a union without legal advice from lawyers.

When the court heard the arbitration, Liu, director of the unit's office, said that the unit did not pay for Zhang Lishan.

But he was arranged for annual leave every year, and he resigned for personal reasons, so the company did not agree to pay all kinds of compensation.

Zhang Lishan immediately objected, "what evidence do you say that the unit arranges me to take annual leave every year?"

Director Liu repeatedly stressed that the other party had taken an annual leave but had not submitted any evidence.

Moreover, during the whole case hearing, the unit has not provided any material.

In contrast, trade union lawyers provided evidence in court to support Zhang's application.

After the two sides have stated the facts, the arbitration tribunal shall be allowed to mediate between the two parties.

Zhang Lishan said: "I am willing to mediate the settlement of this controversy. I do not want much. The unit gives me 40 thousand yuan at a time."

Director Liu said: "the boss authorized me to pay less than 10 thousand yuan.

The amount you are asking for is too high for the processing plant. "

Mediation did not reach a consensus. Soon the Arbitration Commission decided to require the unit to pay Zhang Li Shan a total of 65 thousand yuan for the payment of compensation for the labor relations, the unpaid pension insurance and unemployment insurance compensation, and the paid annual leave in recent two years.

After getting the verdict, Zhang Lishan was very happy: "although I have not worked for 8 years, I know a lot about this matter. We migrant workers want to safeguard their legitimate rights and interests, do not suffer losses, do not blindly talk about local conditions, but also know the law and act according to the law. And when the rights and interests are infringed, they can find unions to help us protect their rights."