What Should I Do If The Unit Lets Me Go Home And Be Dismissed?

Pu Nannan: I am 34 years old. I was hired by a joint stock consultancy management company more than 4 years ago. When I entered the office, I signed a labor contract with me and paid social insurance for me.

In June 2014, the leader of the company talked to me and said that a shareholder of a training company established by a shareholder was short of help, so I agreed to help him temporarily.

Since then, my monthly salary and bonus have been paid by the training company, and the social security has also been paid by the original unit.

In March this year, the training company asked me to go back to work in the original unit. But when I came back, the current leader said there was no vacant job at present. Let me go home and rest for a period of time before I went to work, according to Beijing.

Pay me and pay for March 2015 and April.

But since May, the company has not paid any more wages. It means that I have been away from work for a long time, and I have not recorded the content when I am told that I have to go home for rest. So I have no record at that time. So there is no evidence now. There is no written evidence in my hand to prove that it is a single person who lets me go home for a while. What should I do? To add, my labor contract expires in December 31, 2015.

Yang Xuefeng: Hello, I suggest you arrive as soon as possible.

Labor in the place of performance or the place where the employer is located

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After signing up a company, the two sides signed a 3 year labor contract.

A company is the controlling shareholder of B company. The legal representatives, managers and supervisors of the two companies are the same.

During the period, Xia Mou was assigned to work in the company B, and at the same time accepted the management of the company a and B, and his direct superior Zhang also served as deputy general manager of a company and B company.

A and B companies pay monthly wages to sham in turn and pay social insurance in turn.

After the labor contract expired, Xia did not renew the labor contract with the two companies.

Later, due to the company's arrears of wages, Xia took the two companies of the company a and B to the court and asked the two companies to jointly pay the economic compensation and the arrears of wages for the rescission of the labor contract.

According to the court's trial, the two companies of class A and B have the employment management behavior of Xia Mou; the controlling shareholder of a company is the controlling shareholder of the company B, and there is a clear correlation between the two companies; two, the company's legal representative is the same person, and the other senior managers also have a high degree of coincidence.

Therefore, it is recognized that a and B companies have mixed employment with Xia, and a and B companies should bear joint and several liabilities for their obligations.

Finally, the court decided that a company should pay the economic compensation for the wage arrears and the termination of the labor contract to the company.

This case is caused by mixing employment among related companies.

In the judicial practice of mixed employment, a consensus has already been formed. For the interrelated rotation of the employing units, if the labor contract has been signed, the labor relationship should be confirmed according to the labor contract; if a labor contract is not signed, the employer can be listed as the party concerned, and the related employer should pay wages, pay social insurance, work place and work content as the factors to determine the existence of labor relations; if the interrelated employers change their labors alternately, and the overlapping of work contents, the workers' request for payment can be held by one of the employer units according to the opinions of the laborers, or jointly and severally liable by more than one household unit. Currently on the enterprise