Answers To Some Difficult Questions In Labor Dispute Cases

Fair and efficient handling Labor dispute In recent years, the people's Court of the higher people's court has discussed the outstanding problems in the trial of labor dispute cases, and formed the answers to some difficult questions in the trial of labor dispute cases.

Mr. duo, an employee of an enterprise in Chengdu, asked: under what circumstances can it be determined to pay two times the wages of the unsigned labor contract? How to calculate the time and standard?

The provincial court of the people's court answered that, first, the executives of the employing units could support the employer's claim that they did not sign two times the wages of the labor contract in accordance with the eighty-second provision of the labor contract law. However, the employer can prove that the senior executive's responsibilities include the management of labor contracts. If there is evidence that senior executives refuse to sign a labor contract with the employing units, they can still support senior executives' request for two times salary without signing labor contracts. Employing unit According to the eighty-second provision of the labor contract law, the person in charge of the personnel management department or the supervisor shall claim that the employer does not sign two times the salary of the labor contract. If the employer can prove that the labor contract is the responsibility of the person in charge of the personnel management department, it shall not be supported. There is evidence that the person in charge of the personnel management department or the chief executive has signed a labor contract with the employer, except that the employer has refused.

Two, if the worker requests the employer to pay the difference of two times the wage margin of the written labor contract, the limitation period for arbitration shall be determined according to the provisions of the twenty-seventh paragraph and first, second, third paragraphs of the labor dispute mediation and arbitration law. Written labor contract One year from January to the next. The limitation period mentioned above shall be calculated on a monthly basis, and shall be pushed back one year from the day when the laborer claims his right. He shall not support the two times wage difference over a year.

Three. If the employer fails to conclude a written labor contract with the laborer, the employer shall not exceed eleven months' actual wage difference of two times. If the employer fails to sign a labor contract without a fixed term with the laborer, the employer shall actually pay two times the wage difference of the worker actually not exceeding twelve months.

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In some parts of Hunan, there are recently "office committees" or "top leaders" and important team members who have not reached the retirement age to report to the higher authorities, demanding that the local civil servants who are 50 years old (or more than 50 years old) or above can retire to the second tier and enjoy higher treatment than those on the job.

In the context of the "progressive delaying retirement age scheme", some local civil servants apply for early retirement. The replacement rate of retired employees after ordinary retirement is not high. How can early retirement civil servants enjoy "higher treatment than working hours"? This also reflects some chronic diseases of civil servants' occupational ecology.

For example, civil servants are overstaffed and overstaffed. As a county cadre of a county in Hunan, frankly speaking, "to exchange seats for treatment" is actually a waste of effort to digest redundant personnel. "There are 14 departments in the county that have been revoked or withdrawn. There are many cadres and people who are few in number and can not be arranged". The Minister of the Guandu District Committee of the Guandu Municipal Committee has also provided a vivid example. "A subordinate unit of the agriculture and Forestry Bureau has made a lot of work but does not live much". "One month's work revolves around saving a bird."

Again, the export mechanism of civil servants is not smooth enough. In reality, in addition to being retired from age or being expelled from corruption, civil servants' resignation and dismissal is still a relatively rare probability event. Against this background, one side is "overstaffing" and the other is "poor export". If we want to digest redundant personnel, "early retirement" seems to be an inevitable choice.

In addition, in the process of selecting and appointing cadres, the requirement of "diminishing age at the age of service" is also an inducement. Some places require "the average age of Party and government leadership groups, municipal level is no more than 45 years old, and the county level is no more than 40 years old". This way, some civil servants will find a way out of the "age threshold" and no promotion of promotion.

Therefore, in order to effectively avoid the "premature retirement" of civil servants, we need to deepen reforms at various levels. Not only should we integrate with the "postponed retirement" as soon as possible at the retirement system level, but also remove the chronic ills of institutional mechanisms from the perspective of civil servants' occupational ecology, so that the civil servants can truly "go up, down, go in and out" and establish a fair and scientific selection mechanism.