Every Labor Dispute Is A Law Lesson.

Raymond Lam is a Post-80 lawyer and a member of the think tank.

Compared with his peers, Raymond Lam started his career very early. After graduating from University, he served as a legal person in construction enterprises, engaged in labor disputes, engineering disputes, personnel injury compensation and economic cases.

In 2008,

After the implementation, the labor disputes in various districts and counties rose sharply. He served as a part-time arbitrator of the Minhang District labor arbitration court. In handling a large number of cases, he realized that labor relations are closely related to social and economic development and an important part of building a harmonious society.

As a legal worker, it is also a duty and obligation to do well in this area.

At the age of 30, he started a law firm.

Over the past few years, hundreds of labor disputes have been held, and media such as CCTV have interviewed him.

In 2009, shortly after the opening of my law firm, a college student came to visit.

Speaking, the student introduced a case.

His relatives worked as an creative director in an advertising company with a monthly income of 20 thousand yuan.

Although he has worked for over a year, he has never signed a labor contract with him, nor has he paid any social insurance premiums, and all his wages are paid in cash.

As the work offended the leader, the leader drove him away without paying his wages.

Classmate said, relatives angry, find a lawyer, enterprises do not pay.

On the grounds of that, labor arbitration was applied.

It seems that this is a simple "one-sided" labor dispute case.

But I ponder slightly, and raise my own worries: "the truth is on the side of the laborers, but is there any evidence that the laborers have proved the legal facts? In the labor dispute, the first thing to be determined is the labor relationship between the two parties. The enterprise has not signed the labor contract with the laborers, has not paid social security, paid wages in cash, and the laborers have been used to prove the labor relations with the enterprises. Although the allocation of the burden of proof has been made, the employing unit has the burden of inversion of the payment of wages, but what if the employer" depends on the end "?

The students will find his relatives at once.

After listening to my advice, his relatives first withdrew their charges and turned to me.

In order to find out the case, I suggest that the laborers first report to the labor supervision, and request the labor supervision to investigate the enterprises not signing the labor contract.

After a period of time, the labor supervision investigation results came out and found that the enterprise did not sign a labor contract with the laborer.

With the result of supervision, we applied to the labor dispute arbitration court. Because the evidence was conclusive, the hearing of the case became very simple. Finally, the laborer received a compensation of about one hundred thousand yuan.

Through this case, I would like to remind workers: in real life, in the face of illegal employment, do not act in a hurry, blindly start proceedings.

Instead, we must collect evidence in a calm way and determine facts as legal facts so as to safeguard their legitimate rights and interests.

One day in 2015, one

He went into my law firm and described his experience.

He was head of the safety department at a tire factory, an old employee.

More than half a year ago, a new employee injured his fingers. He found the employee and understood the injury.

The employee said he accidentally fell down at home and hurt his fingers. He could not calculate work-related injuries or declare industrial injuries.

He immediately made a record and asked the staff to sign and report to the security leader.

After the incident, the unit leader knew about the incident and thought that the employee had committed an injury accident in the workplace of the unit, which was in line with the conditions for the identification of the work-related injury. He did not apply for the employee, there was fraud, and he made a serious violation of discipline and decided to terminate the labor contract ahead of schedule.

After hearing the narration of the labourer, I immediately caught up.

I think this worker has done the duty of investigation and verification by the security department. It is a hasty act that the employer terminate his labor contract on the grounds of serious violation of discipline.

After acting the case, I made a detailed analysis of the case. I think that if we want to hit the other party's key, we must invite the safe leader and the injured worker to testify in court, so as to clarify the circumstances of the case and strengthen our viewpoint and evidence.

In the trial, I elaborated the lawsuit request and the viewpoint.

I think my client has done the duty and obligation of the head of the security department, and it is not wrong to operate completely according to the operation process.

The other agent thinks that the injured employee has concerns. As the head of the security department, he should eliminate the worries of the staff and insist on checking it out.

At the critical moment of cross examination, I asked the third party to pass the cross examination in court.

After a safe leader appeared in court, he made it clear that my client did report to him about the injury of the new employee and gave him a pcript of the signature of the new employee.

While the new employee's work permit, he said he was injured in the workplace, but due to work for more than a month, worried about reported injuries, affect their future.

Therefore, he made a false statement and insisted on not doing the work injury identification, and he signed the pcript.

The Arbitration Commission has approved our view.

When the other side refused to accept the case, the lawsuit was put on the second instance of the first instance. In the end, my client received about 400000 yuan of economic compensation. I was proud of myself for safeguarding the interests of the laborers.