How Is It That The Boss Refused To Protect His Rights?

Recently, the Pingguo County People's court accepted a confirmation of labor relations.

Case.

Plaintiff Huang in Lee's timber factory due to injuries, Lee asked for compensation for compensation, and then filed a civil lawsuit in the court for rights protection.

In October 12, 2014, Huang was introduced to Lee's timber factory to work. After meeting with his boss Li, he agreed to pay the settlement method but did not sign a labor contract. In October 26th, his right thumb was broken by machine.

During the treatment, Lee paid all the medical expenses of Hwang. After Hwang discharged from hospital, he negotiated with Lee for compensation. Lee refused to recognize the labor relationship between the two sides and refused to pay compensation.

It is understood that in fact, the two sides already knew about the accident before the accident, and there was also a sale and purchase relationship between the trees.

Lee refused to admit that the reason why he refused to pay the labor relations with Huang was because Huang was very fierce in negotiations with him. Li, who was angry, said he would rather go to jail than pay a cent to Huang, resulting in a stalemate between the two sides.

Through the patience and persuasion of the judge, Li also knew his impropriety, and was willing to reach an understanding with Huang.

Huang then appealed to him.

Departments, but the labor arbitration department dismissed Huang's prosecution and found that the two sides did not exist.

Huang refused to accept the arbitration decision and was sued to the court.

Lee, the boss, still refused to admit that there was labor relationship between the two sides. Huang said that he had been injured privately without permission, and that the two sides did not agree on the way of payment, and that Li Mou, a worker who had labor relations, would assist in his work insurance.

Eventually, the two sides voluntarily signed an agreement in July 27, 2015. After Lee paid 18000 yuan to Huang, he withdrew his civil lawsuit against Lee.

Related links:

The 7 risks of labor arbitration should be avoided by parties involved in labor disputes.

The 7 kinds of labor dispute risks are:

1. the risk of improper arbitration claims.

When applying for arbitration, a party shall, according to the objective facts and relevant laws and regulations, put forward a request for the scope of arbitration for the labor dispute arbitration. Otherwise, the labor dispute arbitration committee will not support it unless it has to bear the corresponding arbitration fees.

2. exceed the risk of arbitration.

The parties shall submit a written application to the labor dispute arbitration committee within 60 days from the date of the occurrence of the labor dispute when the arbitration request is submitted. The date of the occurrence of the labor dispute refers to the day when the party knows or should know that his rights are infringed.

If a party applies for arbitration beyond the time limit, he will not support his request.

3. overdue the risk of changing the arbitration request.

If the party increases or changes the request for arbitration or counterclaims, it shall be submitted within the time limit specified or permitted by the labor arbitration commission. If the time limit exceeds the time limit, the Arbitration Commission will not accept it.

4. the risk of not appearing on time.

If the court fails to appear in court or fails to withdraw from the court without permission, the defendant shall be sentenced to default in accordance with the withdrawal procedure.

5. the risk of proof not.

If no evidence or evidence provided is insufficient to prove its claim, the party who bears the burden of proof shall bear adverse legal consequences unless otherwise provided by law.

6. do not pay the risk of arbitration fees on time.

The parties shall, within 5 days from the date of receiving the notification of the case, hand in the case acceptance fee and processing fee according to the regulations.

If there is any difficulty in paying the arbitration fee, the parties concerned may apply in writing and submit the proof of the relevant department, and the labor dispute arbitration committee shall decide whether the fee shall be reduced, reduced or avoided.

If the complainant fails to prepay the case acceptance fee or processing fee without any reason, he shall voluntarily give up the appeal.

7. risk of misconduct.

The parties should put forward their own opinions and seek truth from facts. The evidence submitted to the Arbitration Commission shall be the original or original or the duplicate copy or duplicate certified by the Arbitration Commission.

The parties shall not make false statements or forgery, otherwise they will bear corresponding legal liabilities.