The Courier Checks The Labor Relationship With The Bottom Certificate To Win The Lawsuit Finally.

Because the unit did not pay social security, Zhao Ziying, 45, proposed to resign.

After his resignation, the unit also defaulted on his two months' wages without delay.

During the arbitration trial, he found that the unit also lied to him to sign another labor contract.

After the application for arbitration was rejected, Zhao suing was prosecuted to the court, and the general trade union of Beijing applied for legal aid.

In the end, he won the lawsuit with the help of his staff. The unit paid him wages and the economic compensation for the termination of his labor relations amounted to 10 thousand yuan.

Zhao Ziying, 45, said he had been a courier from SY express company in December 1, 2012, and the unit did not pay him social security.

He has repeatedly asked the manager to lead the money manager, and he began to find different reasons to shirk.

In May 10, 2014, Zhao Ziying resigned to money manager.

Zhao Ziying paid 3000 yuan a month, which was supposed to pay his salary last month on the 5 day of each month. But when he left, the company did not pay the April salary.

The company accountant said he would send him his salary in May, and hand it over to him in April.

In June 5th, wages did not come.

Zhao Zi Ying contacted the accountant and money manager, after several negotiations, the wages still did not arrive.

So Zhao Ziying went to the labor supervision unit to complain about the arrears of wages.

When the inspector investigated the matter, no one appeared in SY express company, but a middle-aged man named Chen Yushui called himself a litigant. He was a legal representative of express express company.

He said Zhao Ziying made a courier from March 1, 2014 to April 30th in the company and left without saying goodbye. Because he failed to reach him, there was still no pay for 2400 yuan in April.

Chen Yushui showed the contents of the notice and the credentials of the letter.

Subsequently, Zhao Ziying received the "Labor Inspection Brigade" sent by the "

"The content of the complaint is that the SY express company that you complained about didn't pay the wages. After investigating the unit by the law enforcement officers of our unit, the unit said that it had contacted you, so that you could get the unit's salary of 2400 yuan in April 2014.

We now inform you that you can get it from the unit. If there is any dispute about the amount or working time, it can also be solved through other legal channels.

After seeing the notice, Zhao Ziying felt that the amount and the actual wage arrears were too large, and applied for labor arbitration. Three requests were put forward: confirm the existence of labor relations with the SY express company, the unit pays 4000 yuan in April 2014 and from May 1st to 10th, and the unit pays 6000 yuan for the economic compensation for the termination of labor relations.

At the end of 2014, the Arbitration Commission heard the case.

The agent of the unit is Ma director, claiming to be the head of Human Resources Department of SY express company, but Zhao Ziying does not know him.

Ma director said that Zhao Ziying did not have labor relations with the unit. He was a member of the express express company and established it.

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He submitted a labor contract as evidence.

Zhao Ziying found that the first party (employing unit) of this contract is express express company, B is himself, and his signature is at the back. The date of signing the contract is March 1, 2014.

Zhao Ziying was surprised because he had never signed the contract, but his last signature was his handwriting.

He suddenly thought that the money manager had asked him to drink before leaving the office. He brought a piece of paper on the wine table and asked him to sign it, saying that it was for the purpose of leaving office.

Zhao Ziying wanted to take a closer look at the content.

Zhao Ziying believed that he signed the contract on that day.

Zhao Ziying submitted the notice issued by the Labor Supervision Brigade, which believed that it could prove that he had labor relations with SY express company, and could prove the fact that the unit did not pay wages.

After that, the Arbitration Commission verified the labor supervision team and realized that the salary owed to Zhao Zi Ying was Chen Yushui, the legal representative of the express express company, not the SY express company. The notice only proved that there was a unit agreeing to pay the wages of Zhao Zi Ying, but did he have any labor relations with the SY express company?

The brigade is also not sure.

Accordingly, the Arbitration Commission ruled at the end of February 2015 that it rejected the entire arbitration request of Zhao Zi Ying.

Zhao Ziying refused to accept the court action and went to the legal service center of the Beijing Federation of trade unions to apply for legal aid. Subsequently, Yang Xuefeng was appointed to the case.

A few days later, they collected Zhao Ziying's receipts (including the signature of the accountant), the return receipt of the express, the 8 pieces of evidence that he uses the mobile phone number as SY express company.

Yang Xuefeng believes that he can come up with a bad reputation for other companies to pay wages, which means that there must be some relationship between express express company and SY express company.

So he searched the Internet for information on the registration of the two units, and found that the two companies were responsible for Chen Yushui, and all of them were engaged in express delivery services, which should be regarded as affiliated companies.

In October 23, 2015, the Court opened.

Yang Xuefeng presented the two units' business registration information to the judge, indicating that the express notice sent by the SY express company and the labor supervision team involved the express express company, hoping to append the company as a co defendant and get the court's consent.

After many searches, they could not get in touch with the express express company. Finally, the court had to deliver the notice.

A few months later, the court held its second hearing, and the express express company was still unattended.

Recently, the court decided that there existed labor relations between Zhao Zi Ying and SY express company from December 1, 2012 to May 10, 2014. SY express and express express paid Zhao Ziying 4000 yuan in April 2014 to May 10th and 6000 yuan in economic compensation for labor relations.

At present, Zhao Zi Ying has already received the money.