If A Written Contract Is Not Provided With Statutory Conditions, Labor Relations Shall Be Established.

Since May 2014, Zhang has gone to work in a board factory in Pingyi. The monthly salary is about 3000 yuan, and the two sides have not signed a written labor contract.

On the evening of January 21, 2015, when Zhang was working, his left forearm and hand were involved in the machine, and he was sent to hospital for treatment.

After the two sides failed to negotiate due to work-related injuries, Zhang went to the local labor and personnel disputes.

An application is made to confirm that there is a labor relationship between the manufacturer and the panel factory.

Plate factory argues that Zhang is a temporary employee who is short of manpower at the plank factory, and there is no labor relationship with the board factory. His injuries should be dealt with according to the general personal injury compensation.

The Arbitration Commission heard that

The law clearly stipulates that employers shall establish labor relations with workers from the date of their employment.

establish

A written labor contract shall be concluded.

In this case, although the timber factory did not enter into written labor contracts with Zhang, however, according to the first provision on the confirmation of labor relations related matters (No. [2005]12 of Labor Department), the employer has not signed a written labor contract for employing workers, but the labor relations have been established at the same time.

(1) employing units and workers comply with the main body qualifications stipulated by laws and regulations; (two) all labor rules and regulations formulated by the employing units according to law shall be applicable to the labor management of the laborers, and the remunerated labor arranged by the employing units; (three) the labor provided by the laborers is part of the business of the employing units.

According to the above legal provisions, Zhang and the plank factory are both legally qualified, and Zhang is working in the board factory. The labor provided is part of the plate mill's business. He accepts the labor management of the plank mill and pays the labor remuneration by the plank factory on a monthly basis. The two sides have already formed a factual labor relationship.

Finally, the Arbitration Commission ruled that there was labor relationship between Zhang and the board factory.

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Cui was working in a company in 1988.

In March 2005, when Mr. Cui was responsible for the company's subordinate units, he was investigated for the appropriation of funds by his subordinate staff Zhang. The company then made a decision to terminate the labor contract with Cui, and then stopped the wages and welfare benefits of Cui.

Cui refused to accept the application for labor arbitration in December 2005.

After more than two years of arbitration and litigation, the Municipal Intermediate People's court made a final judgment in October 23, 2007, revoking the company's decision to remove Cui's labor contract.

After the verdict came into effect, Cui repeatedly asked the company to arrange the work. However, the company was shirking because of bad arrangements and so on. By August 2015, it had not arranged any work or paid any wages.

In September 2015, Cui submitted an application to the local labor and personnel dispute arbitration commission, which required the company to continue to fulfill the contract and reissued the salary of 260 thousand yuan from April 2005 to August 2015 according to the annual average wage standard of the local urban employees.

According to the trial of the Arbitration Commission, according to the final judgment, the company's action to terminate the labor contract with Cui is a violation of the labor contract, and the two parties should continue to fulfill the labor contract.

According to the law of the people's Republic of China on compensation for labor contracts in violation of the labor law, it stipulates: "if the employer's unit violates the stipulation or the labor contract to terminate the labor contract, the worker's wage income will be lost, and he shall be paid the laborer's wages according to his wages."

The company should pay wages in accordance with Cui's normal wage level from April 1, 2005 to August 31, 2015, considering that Tsui has been away from work for a long time, and can not estimate the normal wage level of Cui. The Arbitration Commission finally ruled that the company should pay the wages of Cui in accordance with its annual average wage standard.