Shanghai General Legal Aid Center Wins The Battle Of Sense And Reason For Employees.

In 2009, He Sufang came to Shanghai to be a cleaner.

In the past 7 years, she has worked diligently and never had a day's absence.

In February of this year, when she received the news of her father's dying, she asked for leave from the company overnight, and went to her hometown to do housework.

However, after everything was arranged, she returned to Shanghai and received a verbal notice of dismissal from the company.

Under the help of the city's general legal aid center, she finally won the "reasonable battle" beyond the jurisprudence after the mediation of arbitration and first instance, two times.

He Sufang came to Shanghai in 2009. When she was introduced by others, she came to Shanghai Pudong to do cleaning work. She did it for 7 years.

In the past 7 years, He Sufang said he had to sweep 17 plots of buildings every day, with 6 floors on each floor.

No rest.

One day in February of this year, He Sufang received a phone call from his old home. His father was already in critical condition and dying.

"I will go back to see him in any case," I said. After finishing the day's work, He Sufang immediately went to the railway station and bought a ticket that would return to his hometown as soon as possible.

"At that time, I also called the company leaders to ask for leave.

I said, my father is on the verge of failure, and these days, is it possible to ask for a week's leave? Unexpectedly, the leader refused me directly on the phone: "who are you going to work when you leave? Or you will come to work tomorrow, or you will find someone to top your class."

Otherwise, you do not come back! "" although the leadership has put down a harsh word, but the father's illness on the old side of the house has touched her heart, and she resolutely returned home overnight.

On the second day after returning home, her father died of illness.

After mourning for her father, she went back to Shanghai to start a new life.

But who knows, when she went to the District, she found that someone else was doing some cleaning work.

"At that time, I directly found the property company in the district and wanted to ask the situation.

They told me that, because I didn't ask for leave and I didn't leave work without any reason, I was not allowed to go to work, and the cleaning work was already handed over to others.

He Sufang did not understand why the company was so unkind. Even the time when his father was seriously ill had not been given to himself for a few days.

"I don't have a good way to work in a field. I can only go to my property company several times to talk about it.

But it didn't help. They shouted for me to get out of the office.

No way, she introduced the city's general legal aid phone call under the introduction of the townsman, hoping that someone could stand up and protect her rights and interests.

After hearing He Sufang's experience, Qin Jiali, the legal aid center of the Municipal Federation of trade unions, immediately opened a legal aid process for her.

On the second day, He Sufang came to the general legal aid center of the city, and communicated with Qin Jiali and Bai Lijuan, lawyer of Shanghai triangle company.

At the time of entry, He Sufang had not seen any labor contracts, company rules and regulations, let alone signature confirmation.

Besides, she said she had never had a day's rest in 7 years, but she didn't get a penny of overtime.

"It doesn't matter, but this time my father's death has not asked me to ask for leave, I can't swallow it."

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At that time, He Sufang put forward his own request: he demanded that the unit pay the compensation for breaking the labor contract illegally.

But in the process of submitting evidence, she will be able to take the company's routine in the future because she is in a hurry.

By repeatedly asking for leave from the leader by telephone, no record was recorded, so she was unable to obtain substantial evidence to prove that she had asked for leave from the company.

In view of this situation, the labor arbitration commission felt that she did not go to work without any leave of absence, and that the company's behavior was a legal dissolution of the labor contract.

After receiving the news of the failure of labor arbitration, Qin Jiali told He Sufang: "although arbitration has lost, it is not the end." funeral leave is already a sad thing. If the absence of a leave for a funeral leave has led to the termination of the labor contract, this punishment is too much.

After repeated discussions with Bai Lijuan lawyers, Qin Jiali thought, "this battle still needs to be fought."

After the prosecution was made by a lawyer, the trial judge communicated back and forth with the lawyers.

In this communication, Bai Lijuan lawyer detailed the experience of He Sufang before and after working with the judges.

"If employees are required to wait for the company's so-called leave process before they can go home, is it not too rigid?" the company is the place where employees are gathered, but this company uses such a system to frame employees, and I think the company is too inhuman.

In the end, the company agreed to pay He Sufang 7000 yuan through a mediation conducted by the presiding judge in the trial.

After the successful mediation with the company, He Sufang wrote a thank-you letter to the city's general legal aid center. "After the successful mediation, I felt very moved."

Through this, I deeply appreciate the warmth of the social family.

In order to express my personal gratitude, I write this letter today, and I praise the teacher through the trade union, "He Sufang said more thanked in his letter.

"He Sufang's experience has become a typical example of many migrant workers who come to Shanghai to work."

In summing up the protection of the rights, Qin Jiali pointed out that many migrant workers who came to Shanghai read less and had a weak sense of law. They seldom preserved the evidence when they asked for leave and worked overtime, so that even if the boss was indeed infringing, it would be difficult to safeguard their rights.

"Therefore, workers must have strong sense of evidence."