A Wage Certificate Confirms Labor Relations.

Can we get support from only one wage certificate for the workers to confirm the labor relationship?

In March 2014, Zhang worked at carpentry in a wood processing plant in Rizhao, Arashiyama. The two sides did not sign a written labor contract. The timber processing plant paid wages to Zhang on a monthly basis, but did not pay social insurance premiums for them.

In October 7, 2014, Zhang had a traffic accident on his way to work. After that, he was identified as a 9 grade disability.

Unexpectedly, Zhang refused to claim compensation for work-related injuries to the processing factory, on the grounds that there was no labor relationship between them.

Unfortunately, Zhang took the road of litigation.

In the court trial, Zhang submitted to the court a salary certificate issued by the processing plant, indicating that Zhang's wages in 2014 and September ranged from $5000 to $7.

In response, the processing plant argued that it was

It is not the legitimate employment body; the work of the processing plant has already been outsourced. Zhang is not the staff of the processing plant, but is hired by the contractor, Chen, and the salary is also paid by Chen.

This wage certificate is issued for Zhang's traffic accident.

But there is no evidence to prove it.

After hearing the court, the timber processing plant was found to be in conformity with the law.

Qualification of employment subject.

The timber processing plant argued that Zhang was hired by Chen and paid wages by Chen, but he did not provide evidence to confirm that he did not accept it.

Zhang worked in the processing plant, which was issued by the unit.

It is proved that there should be a labor relationship between Zhang and the processing plant, which accords with the requirements of the law.

Related links:

A company wants to terminate the labor contract with Liu, a long-term sick worker, because of the seventh provision of the thirty-ninth amendment to the detailed rules for the implementation of the labor insurance Ordinance: workers who have stopped working during the period of 6 months or less due to illness or non injury due to work injury, shall continue to calculate the length of service of the enterprise. If they recover after more than 6 months, they will still be returned to the original enterprise workers. In addition to the working period over 6 months, the length of service of the enterprises before and after the disease should be consolidated.

Then, when the company terminates the labor contract with Liu, will it pay more than 6 months' time to pay the economic compensation?

Comment: in the draft amendment, the provision of sick leave for more than 6 months is not counted as the length of service of the unit, and many enterprises have been implemented before the implementation of the labor contract system.

However, with the implementation of the labor contract system, the length of service and the length of service of the enterprise have been distinguished, and the length of service is linked to the duration of the labor contract.

According to the stipulation of medical treatment for sick or non injured workers in enterprises, the medical treatment period of 3 to 24 months for sick or non injured workers can be extended under special circumstances. The labor law also strengthens the protection of medical workers, and stipulates that the employer can not terminate the labor contract at any time during the medical treatment period.

It can be seen that if a worker is ill or not injured by work, even if he has had sick leave for more than 6 months, if he still has labor relations with the employer, it should be counted as the working life of his unit, and should also be included in the calculation period of the economic compensation.