How Do We See The Relationship Between The Two Companies After The Retirement?

The employees came to work in the new company after they retired from their original units. The two sides did not sign a labor contract, and the new company did not pay social insurance for them. Whether the relationship between the staff and the new company still belongs to labor relations? Recently, a people's court heard a special labor dispute case.

The interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases (three) stipulates that the enterprises who have not paid salaries, those who have not reached the statutory retirement age, those who are laid off and waiting for posts, and those who have been released from business for a long time will be brought to court in accordance with the law according to the disputes arising from the employment disputes with new employers. The court shall deal with them in accordance with the labor relations. "Eighth"

Zhang is the manager of a post office in charge of EMS. After his illness, he stayed home and recuperate. His labor relations and personnel relations were still in the post office.

In August 2013, Zhang was introduced to a courier company by a friend. The two sides did not sign a labor contract, and the courier company did not pay social insurance premiums for Zhang.

In January 2014, Zhang took the initiative to leave the company.

In July 2014, Zhang submitted labor arbitration to the labor arbitration committee of his district on the ground that the express company was in arrears of wages. He asked for 5 months' salary of 22 thousand and 500 yuan, 3600 yuan for overtime work, 1500 yuan for the 5 month full time award and 10 thousand yuan for the economic compensation.

In September 2014, the Arbitration Commission decided that the courier company would pay 13 thousand yuan to Zhang and pay 2250 yuan for the economic compensation.

But the courier company dissatisfied with the ruling and filed a lawsuit with the court.

The courier company claims that Zhang's monthly salary is not more than 2500 yuan, and is wrapped and eaten by the company.

The company has never promised to pay 4500 yuan to Zhang.

Zhang argued that when he entered the office, the company manager talked about the wages well, and agreed on a monthly salary of 4500 yuan and a full attendance award of 300 yuan per month.

Later, the company did not work because the internal management of the courier company was very chaotic, and often stayed up late to work overtime, and owed 5 months' wages. Therefore, the courier company was required to pay wages and financial compensation.

The court held that Zhang had worked in the courier company when he still had labor relations with the original employer, so there was no labor relationship between Zhang and the courier company.

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The wages advocated by Zhang should actually be remuneration for labor.

About the standard of remuneration for labor, Zhang advocated 4500 yuan per month, but did not provide corresponding evidence to prove that according to the rules of evidence for who to give evidence, Zhang should bear the legal consequences of not proving evidence. Now the courier company recognizes that the standard of remuneration for labor is 2500 yuan per month. Therefore, the standard of remuneration for labor should be 2500 yuan per month, deducting the 9500 yuan that the express company has already borrowed from Zhang, and the courier company should also pay 5250 yuan of labor remuneration.

About Zhang's overtime pay.

Zhang did not provide corresponding evidence to prove that the fact of overtime and the presence of full time award should bear the legal consequences of the burden of proof. Therefore, Zhang did not support Zhang's claim for overtime pay and full attendance award.

About Zhang's proposition

There is no labor relationship between Zhang and the courier company.

Accordingly, the court made the decision.

What is the relationship between Zhang and the courier company? How can we identify the relationship between Zhang and the courier company? Can Zhang get the economic compensation? For this reason, the judge explained that the dual labor relations refer to the laborers' relationship with the two different employers at the same time. That is to say, the laborers have established labor relations with other units without the termination of the labor contract with the original units.

There are two forms of expression: one is the constitutive requirements of two which are all in line with the labor relations, the other is the statutory labor relations; the other is a statutory labor relationship, and the other is the actual labor relationship, that is, only one of the two labor relations has signed a formal labor contract, and the other has not signed a labor contract, but the laborer has actually participated in the work of the unit and has obtained the remuneration for labor.

However, in this case, Zhang retired from the original unit disease to work in the courier company, but without pferring the files, the social insurance was still paid by the original employer, and it did not belong to the law according to the labor relations. However, Zhang did pay for the company, and he could confirm that Zhang and the courier company were in labor relations.

As there is no labor relationship between the two sides, Zhang's claim for economic compensation is unfounded, and the court does not support it.