Wages Were Planted On A Previously Signed Promise.

Hangzhou Internet news Xiao Xu is a post-80s guy, Hangzhou people, in a landscape architecture company as a worker.

In 2012, when he was injured at work, he went on the road of claim, but was repeatedly hit by a wall.

Every time the company takes out a piece of material, it shows that it has waiver of labor and other rights and a small amount of signature.

What's going on here?

Xiao Xu said he worked in the garden company in November 2009 and signed a labor contract.

In February 21, 2012, he was hospitalized after work-related injuries at the construction site in Yuyao. He was still discharged from hospital until February 6, 2013.

"The company not only denied work-related injuries, did not pay any costs of the plaintiff during hospitalization, but also took advantage of the danger. In March 4, 2014, I was unreasonably informed of my termination of the labor contract."

In July 21, 2014, when Xiao Xu asked for payment of overtime pay from July 21, 2014 to July 20, 2014, which had no rest every Saturday, the company agreed to pay 20 thousand yuan, but said that it was necessary to sign and endorse the receipts printed out by the company, and recognized that it was "promised to give up all labor, social security, hospital provident fund and all other litigation rights of the unit."

Xiao Xu said he signed and signed for a further look at hand injuries without leaving disability.

Then, in August 11, 2014, Xiao Xu said that the company took the money urgently needed by him and was able to get the one-off economic compensation immediately. He asked him to promise to terminate the labor contract in March 2, 2014, and asked him to sign the receipts again and give up the related rights on the grounds that he had given up his rights.

"At that time, I still thought the money was important, so I signed the receipt.

But I did not expect later that they would not declare in accordance with the law for my work-related injuries, and sent people to deceive me not to report themselves, resulting in more than 30 yuan of injuries, including medical expenses, loss of working time and nursing expenses.

Xiao Xu has submitted arbitration to the labor arbitration committee of the District, but the two signed receipts have become "obstacles".

He prosecuted the court this time.

In court, he said, according to

"And"

"These two receipts should be invalid because they have been threatened by the company and violated the coercive measures under the mandatory provisions of the laws and administrative regulations on social insurance payment, which are exempt from the company's statutory liability and deprived of the invalid contract of the plaintiff's rights.

The defendant said that in March 2, 2014, the labor contract between the two sides had expired, and the two sides no longer renewed the contract, and terminated the labor contract relationship between the two sides in that month.

As for the two written documents, the title is "

The contents of the plaintiff are written confirmation by the plaintiff about the related matters that have occurred between the defendant and the defendant.

"The plaintiff is a person with full civil capacity, and has a certain higher cultural education, and it can fully judge the relevant objective facts. The document material which is confirmed in written form has strong objectivity, authenticity and persuasion, which is the act of autonomy. It is fully entitled to dispose of its own legal rights within the scope of the law, which is in conformity with the principle of autonomy of the civil law of our country."

In addition, the defendant's lawyer also held that the two receipts were formed after the original and defendant had terminated their labor relations and had no affiliation. There was no inequality.

And the two receipts are not contracts, nor are they in violation of the mandatory provisions of any law or regulation in China.

Legal persons say that civil juristic acts are legally binding from the time of their establishment.

The perpetrator shall not alter or rescind without authorization in accordance with the law or with the consent of the other party.

In this case, the labor contract relationship between the defendant and the defendant was lifted in March 2, 2014.

The plaintiff has received a one-time economic compensation of 11306 yuan from the defendant, and in the 2014 August 11th receipt, it stated: "I will not be involved with the unit in the future and give up all the labor, social security, housing provident fund and other litigation rights of the unit."

This commitment is not legally binding and legally binding.