We Should Know How To Safeguard Rights In Labor Disputes.

With the increasing awareness of workers' rights protection, more and more workers choose to take up legal weapons to safeguard their rights and interests when they have labor disputes and disputes with employers.

But sometimes workers do not know much about the relevant laws or have vague knowledge, which often leads to misunderstanding in the process of safeguarding rights.

At the end of the year, the Guangdong Provincial Higher People's court set out some typical cases of labor rights protection for workers to refer to.

Recognition of occupational disease after leaving office

A Hua has been in contact with dust for a long time in his work. After six months' resignation, A Hua was diagnosed with occupational disease by the Institute of occupational disease prevention and treatment. He was identified as seven grade of work-related injury and disability. A Hua asked the factory to compensate him for no fruit and then Sue it to the court.

The factory believes that the annual physical examination before A Hua's resignation indicates that all the indicators of his body are normal. During the period of A Hua's illness, there was no labor relationship between the two sides, so the factory should not bear the liability for work-related injury insurance.

The court found that A Hua worked in the factory for 15 years, and there was a labor relationship between the two sides. A Hua was identified as a work-related injury, so he was entitled to industrial injury insurance in accordance with the law, and he was sentenced to compensation by the factory to A Hua.

Statement: China's "occupational disease prevention law" stipulates that employers should not arrange for workers who have not been employed before occupational health examination to engage in occupational hazards operations; workers with occupational taboos should not be allowed to engage in taboo work; workers who have found health related injuries related to occupations in occupational health examination should be removed from their original posts and properly resettled; workers who have not undergone occupational health examination before leaving work shall not terminate or terminate their labor contracts.

The two sides agreed not to pay social security invalid.

When Zhang entered office, he agreed with the company in the labor contract: the company will pay the social security fee in the form of subsidies every month, and pay by Zhang himself.

Later, Zhang claimed that he had resigned from the company for failing to pay social security and the company owed wages and demanded that the company pay the economic compensation for the rescission of the labor contract.

As the company could not prove that Zhang was automatically leaving, the court ordered the company to make financial compensation to Zhang.

Argument: because social insurance belongs to the national compulsory insurance, employers must participate in social insurance for workers and pay social insurance premiums.

Even if the two sides have an agreement on not paying social security, they cannot exclude the statutory obligation, nor can they exempt the Employer from the legal liability for paying social security expenses and paying financial compensation in accordance with the law.

The company still needs to pay wages when it stops production.

Peng and others signed a labor contract with the company. During the operation, the company ceased production and stopped the wages of its employees. Since then, employees have not gone to work, and neither side has handled the procedures for terminating or terminating the labor contract.

Peng and others applied for arbitration to rescinded labor relations with the company, and asked the company to pay arrears of wages and financial compensation.

The company disclaims arbitration award.

The court concluded that the company should pay the living expenses and the economic compensation for the termination of the labor contract to the employees.

Saying: according to "Guangdong province"

The payment Ordinance stipulates that the employer shall pay wages in accordance with the normal working hours if the employer fails to stop or stop production due to the reasons of the workers and does not exceed one wage payment cycle (up to thirty days).

In excess of one wage payment cycle, wages can be paid according to the new standards stipulated by the two parties according to the labor provided by the workers. If the employer fails to arrange the work of the laborers, the workers shall be paid according to the eighty percent of the local minimum wage standard.

The cost of living is extended to enterprises to resume work, to resume production or to terminate labor relations.

Employee's leave of absence, child protection, termination, claim

The employee of a computer Industrial Company in Dongguan, a company of LV, submitted the application form to the company for suspension of salary because of the symptoms of threatened abortion.

After the expiration of the retention period, Lu Mou commissioned his colleagues to apply for an extension of the retention period.

The director and personnel department of Lu Mou's Department has approved it, but the deputy general manager of the company still does not approve the request.

In the case of Lu Mou's written leave of absence, the company dismissled him on the three day of continuous absenteeism. He violated the provisions of the labor laws and regulations, which was a violation of the labor contract.

Finally, the court decided that the company should pay compensation to the illegal labor contract.

Statement:

Article forty-second, paragraph 1 (four), stipulates that the employer shall not terminate the labor contract in accordance with the provisions of the fortieth and forty-first articles of this Law: (four) female workers are in the period of pregnancy, childbirth, and lactation.

In this case, Lu Mou's pregnancy is threatened by a "threatened abortion". He has to ask for leave to recuperate. It is proved by the medical institution's disease diagnosis certificate, discharge record, antenatal examination and application form of ultrasonic inspection. According to the sufficient and sufficient reasons, the company should protect Lu Mou's right to special protection during pregnancy.