No Or No Sign Of Loss Of Interest In Labor Contracts

Labor relations refer to the relationship of rights and obligations formed by employing units to pay labor remuneration to laborers and to provide workers with professional labor. The employer shall establish labor relations with the laborers from the date of their employment.

Xiao Li, a technical secondary school graduate, worked in a small business run by an individual and has never signed a labor contract. Six months ago, the boss was in a car accident and has been hospitalized so far. After hospitalization, the boss said he was nervous and postponed payment of wages. For half a year now, Xiao Li has been looking for his boss many times, and the boss has been shirking it over and over again, saying that he will be paid again when he gets better. Xiao Li has no alternative but to apply. Labor arbitration So how did Xiao Li prove that he had a labor relationship with his company without signing a labor contract?

According to the notice on the establishment of labor relations related matters (No. [2005]12 of Labor Department), the employer did not sign a labor contract with the laborers, and concluded that when the labor relationship existed between the two parties, they could refer to the following credentials: (1) payment of vouchers or records (wages and salaries of workers' roster) and payment of various social sectors. Insurance premium (two) the certificate of identity issued by the employer to the laborers, such as the "work permit" and "service card"; (three) the employer who filled out the employer. Recruitment "Registration form", "application form" and other recruitment records; (four) attendance records; (five) testimony of other workers. Among them, (1), (three), (four) of the relevant documents by the employing unit bear the burden of proof.

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Li Yang went to work in a car interior decorations company in June 2008, and both sides signed a written labor contract. In July 29, 2013, the director of the company gave an oral notice to Li Yang, whose working position was adjusted to the crew by the milling process leader, except that the bonus was reduced due to the adjustment of the position, and the rest of the treatment remained unchanged. At that time, Li Yang made no statement about this. After adjustment, Li Yang's monthly real income was reduced by 250 yuan. Li Yang was asked to leave for 2 months because of his operation. In October 21st, Li Yang applied for labor arbitration and requested that the employer should pay 21 thousand yuan for economic compensation for the termination of labor relations on the ground that the unit had not adjusted its job. The Arbitration Commission decided to support Li Yang's request, and the company refused to accept the case. The court decided to support the company's request not to pay economic compensation.

Comment: workers and employers can change their labor contracts through consultation. A change of labor contract shall be in written form, but on the basis of ensuring the principle of honesty, fairness and rationality, the employer shall protect the internal administrative power of the employer in the adjustment of the business strategy and the management of human resources. The Supreme People's court's interpretation of several issues concerning the application of law in labor dispute cases (four): the eleventh provision states: "the labor contract is not written in the form of change, but has actually fulfilled the labor contract that has been changed orally for more than 1 months, and the labor contract after the change does not violate the laws, administrative regulations, national policies and public order and good customs. The people's court shall not support the change of the labor contract if it is not valid in writing."