How To Confirm The Labor Relations In The Absence Of The Social Security Company?

Ah Wei (a pseudonym) pays social security in other companies, but advocates a labor relationship with the working company, and asks the working company to compensate his wages and compensation for a total of more than 15 yuan. How can this labor relationship be confirmed and whether the working company should compensate? Recently, a people's court tried the labor dispute case in the first instance, and concluded that there was no labor relationship between the company and the working company, and the court decided to dismiss its claim.

The north wind company is a courier company. Lao Jiang (a pseudonym) is its legal representative.

Ah Wei once contracted part of his business to the district manager, but he did not sign a labor contract with Norway, and Norway did not pay social insurance premiums for him.

In December 2014, he sent a letter to the north wind company on the notice of termination of labor relations, which stated: in view of the fact that Norway has not paid wages in accordance with the regulations for a long time, and has not handled the social security for AI, etc., the company has formally notified the north wind company in writing, and has since September 2014 lifted the labor contract relationship between Wei and the north wind company.

In the same month, Ai Wei took the north wind company as the respondent and filed a labor arbitration with the labor arbitration commission. He requested the ruling to confirm that the company's labor relations were lifted in September 2014. The north wind company should pay two yuan of wages, the salary difference of the labor contract, and the total economic compensation amount of 15 yuan.

In February 2015, the Arbitration Commission rejected the arbitration request of Wei, and he refused to accept the lawsuit.

The original defendants and the defendants insisted on each other. The court found that social security was not paid by the working company.

Wei believes that in October 2013, he entered the north wind company and worked as a district manager with a monthly salary of 7000 yuan.

The north wind company did not sign a written labor contract with him, nor did it pay social insurance premiums.

In September 2014, it informed the north wind company of the two sides' labor relations.

In December of the same year, it notified Norway again in writing to terminate the labor relations in September 2014.

During the period, northerly company failed to pay A Wei.

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The north wind company believes that Ah Wei and the north wind company signed a contract, but Ah Wei is not the north wind company's employees, both sides did not sign labor contracts, there is no labor relations.

In the course of the trial, a technology company issued a "certificate" which stated that in June 2012, he was relieved of labor relations with the technology company and left the company.

Owing to his active and conscientious work, the company decided to continue paying social insurance for Wei.

Ah Wei also provides a north wind company.

"The proof": "our employee's salary level is 7000 yuan."

Regarding the proof provided by Wei Wei, the north wind company believed that the official seal of the "proof" was secretly stolen by Ai Wei.

Wei said that the "proof" is for handling small loan credit cards, with a pre printed "proof" to find the seal of Lao Jiang, Lao Jiang told him to find the company's financial seal, and later the financial chapter was completed to himself.

The court held that although Wei had submitted a certificate containing the seal of the north wind company to prove his proposal, he also indicated that the certificate was printed in advance for the purpose of handling the small loan credit card and then sealed with the north wind company. The north wind company did not recognize the evidence.

At the same time, from May 2011 to March 2015, the social insurance premium of Wei was paid by a technology company. In this case, he advocated that he had labor relations with the north wind company, and the court did not support it.

In addition, Ah Wei issued the "lifting".

The notice is part of its unilateral act and has not been approved by Norway. It is not sufficient to prove that it has labor relations with the north wind company.

In summary, according to the sixth provision of the labor dispute mediation and arbitration law, labor disputes arise, and the parties have the responsibility to provide evidence for their claims.

Wei suggested that he had labor relations with the north wind company. However, the evidence provided by him was insufficient to prove the existence of this legal fact and the northerly company also did not recognize it. According to the rule of evidence for who to give evidence, he should bear the legal consequences of the lack of proof.

Therefore, the court made the above decision.

In an interview, the judge in charge of the case said that labor relations refer to the rights and obligations between employers who employ workers as their members and laborers to provide remunerated labor under the management of employing units, and the labor relations have strict legal characteristics.

The seventy-second provision of the labor law stipulates: "employers and workers must participate in social insurance according to law and pay social insurance premiums."

It can be seen that paying social insurance is the legal obligation of employers and workers. Paying social insurance is a very important legal feature for establishing labor relations.

In this case, although Wei Wei holds the proof of the seal of the north wind company, he also acknowledges that the certificate is printed in advance for the use of credit cards, and more importantly, another company has been paying social insurance for Wei. In this case, there is a lack of factual basis and legal basis for the existence of labor relations between the company and the north wind company.