The Term Of The Labor Contract Is Only Stipulated In The Probation Period.

At the end of 2015, Liu applied for an electrical appliance company.

The company only signed a 3 month probationary contract with Liu, and said it was possible to sign a formal labor contract after passing the probation period.

3 months later, the boss of the company said that Liu was not active and tried to be unqualified. He did not intend to turn it around.

Liu was angry and puzzled about the practice of the company's boss, and then submitted an arbitration application to the local labor and personnel dispute arbitration committee, which required the electrical company to pay 2300 yuan for the economic compensation for the rescission of the labor contract.

During the trial, the electrical company argued: because Liu

If the internal performance is not qualified, it will be dismissed, so the economic compensation for the rescission of labor contract should not be paid.

The Arbitration Commission heard that

"Article nineteenth provides that the probation period is included in the"

Within the time limit.

The labor contract only stipulates the probation period, and the probation period is not established. The duration is the term of the labor contract.

The company only signed a probationary contract with Liu, and then dismissed it with a trial failure. This is a case of abuse of probation.

If the employer unilaterally terminates the labor contract, it shall pay the laborers financial compensation.

Finally.

The Arbitration Commission supported Liu's proposition.

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In August 2015, Xiao Wang was sent to a company to do security work after entering a service company. The monthly salary was 3000 yuan, but the labor company did not pay social insurance premiums.

In November 2015, Xiao Wang accidentally fell down at night and broke his left arm.

Xiao Wang was taken to hospital for treatment for 30 days, and spent more than 2 yuan on medical expenses.

When Xiao Wang was hospitalized, his family member applied for a work-related injury confirmation to the local people's Bureau. Xiao Wang was identified as a work-related injury and was later identified as a 9 grade injury.

When Xiao Wang was released from the hospital, he consulted with the labor companies and their work units on the issue of work-related injuries, but the two companies disagreed with each other and did not accept the responsibility for compensation for work-related injuries.

Helpless, Xiao Wang referred to labor arbitration.

According to the trial of the Arbitration Commission, the tenth provision of the "Interim Provisions on labor dispatch" clearly stipulates: "the dispatched worker shall apply for a work-related injury according to law when the dispatched worker is injured by accident in the employment unit, and the employing unit shall assist in the investigation and verification of the work injury identification."

The third provision of the Supreme People's Court on Several Issues concerning the administration of industrial injury insurance cases stipulates: "the social insurance administrative departments confirm that the following units are the units responsible for industrial injury insurance, and the people's courts shall support them.

(two) the workers dispatched by the dispatched service units are the units that bear the liability for work-related injury insurance due to the casualties caused by the work of the employing units.

When dispatched workers are injured, the dispatched units are the legal subjects of responsibility. They should apply for work-related injury identification and pay for work-related injuries according to the law.

In the end, the Arbitration Commission ruled that a dispatched company paid a total of more than 5 yuan to Wang for medical expenses, nursing expenses and one-time disability allowance.