Reform Scheme Does Not Implement Collective Rights Protection For Workers And Staff Members

Bai Moumou, Zhao and so on 8 people were originally a staff member of a state-owned enterprise in Shijiazhuang. On June 2014 5, the company was approved by Shijiazhuang Municipal Bureau of industry and information bureau to be transformed into an environmental protection equipment and Technology Service Co., Ltd. of Hebei. In the process of restructuring, they chose to stay in the new units and continue to work. After the reform, the unit only paid social insurance premiums for them, but they never signed labor contracts with them, nor did they arrange work and pay for their living expenses. They also refused to pay the economic compensation for the restructuring. They have found units for many times before the restructuring, such as living expenses, medical expenses, fire and other related expenses and the implementation of various treatment reforms. In the absence of consultation, they began a long process of letters and visits. After their petition to the Provincial Bureau of letters and visits, the petition was handled by the Shijiazhuang Bureau of industry and commerce, and on June 2015, 23, they sent the letter of reply to the petition. Due to his dissatisfaction with the reply, Bai and so on 8 people went to the Shijiazhuang Federation of trade unions to seek legal aid, and requested the city to appoint lawyers to carry out labor arbitration to protect their legitimate rights and interests.

After receiving Mr. Bai and others, the law department of Shijiazhuang Federation of trade unions immediately appointed Wang Huizhi, lawyer of Hebei Jintu law firm, to act as their agent for labor arbitration. Wang Huizhi carefully read the relevant documents and materials provided by the 8 Party during the restructuring, and argued that their claims were rather mixed, and their statements were not rational, many of which were not supported by the law. Wang Huizhi believes that in the enterprise restructuring, the 8 people choose to stay in the work of new units, the unit should promptly arrange their work. Because the employer can not arrange the work, it should pay the living expenses according to the "Hebei wage payment regulations". Therefore, Wang lawyer helped them to organize their demands in a systematic way, requiring the unit to pay the economic compensation for the enterprise restructuring, the living expenses after the reform, and two times the wages and resettlement work without signing the labor contract.

In collating the files, Wang also found that there was some evidence that the evidence submitted by the 8 persons was not very relevant to their claims. These evidences were listed together to make the case more complicated. Wang Huizhi carefully screened these evidence from the angle of favor of the client and eliminated the insignificant evidence. In November 18, 2015, the labor and personnel mediation and Arbitration Commission of Shijiazhuang made the ruling of "Shi Lao Ren Zi (2015) 423rd". The ruling unit set up an unfixed term labor contract with 8 people such as Bai and so on in June 5, 2014, and reissued their living expenses from June 5, 2014 to the pre arranged work period at the rate of 1184 yuan per month. At the same time, it paid two times the salary from July 5, 2014 to June 4, 2015 and the economic compensation for the enterprise restructuring.

In economic development Transformation and upgrading Under the background of deepening reform of state-owned enterprises, enterprises need to carry out industrial restructuring through restructuring, reorganization, conversion and bankruptcy. However, some enterprises' reform programs appear to be "sandwich rice", and a few enterprises have implemented a "discount" on the reform plan, which has triggered some collective work letters and visits. This requires the relevant government departments, enterprises and trade unions to comply with the requirements of "safeguarding their rights in order to maintain stability". In accordance with national policies, reform plans and national laws, we should distinguish disputes between reform plans and implement the disputes of reform plans, and safeguard the legitimate rights and interests of workers in accordance with the law. This case is quite representative through the labor arbitration to safeguard the legitimate rights and interests of employees in the restructured enterprises in accordance with the law.

The more the collective petitions of employees are, the more important the trade union organizations should pay attention to. It is the basic attitude of the trade unions to arrange the right professionals to investigate and study. At the same time, safeguarding the legitimate rights and interests of workers should be the bottom line and boundary of the trade union. Disputes over enterprise reform programs should be actively coordinated with relevant government departments in accordance with the law. Disputes over the implementation of the reform plan can be passed. Labor arbitration The settlement of civil actions should be arranged by professionals through legal means. The restructuring of enterprises is usually complicated. Employees only know their rights and interests and do not know how to safeguard their rights. There are specialties in the art industry. It is necessary to hire professional lawyers to intervene, sort out the legal thinking, and formulate reasonable rights protection plans, so that they can survive and save, and point to the key. Only in this way can workers trust the trade union and enhance the cohesiveness and attractiveness of trade unions. In this case, the trade union organization is brave enough to be responsible and dare to "bite the bone" spirit. The professional lawyer's down-to-earth style of work is patient and responsible for analyzing the dedication and dedication.

At present, the relevant departments stipulate that letters and visits to disputes that can be resolved through litigation and other legal channels will no longer be accepted and handled as letters and visits. On the other hand, the judicial interpretation of labor disputes in China clearly stipulates that "people's courts should accept the disputes arising from the restructuring of enterprises independently." But how to define independent reform? Involuntary restructuring In reality, there are still many details and criteria to be resolved. Because of the unclear standards and conditions and the misunderstanding of the understanding, some of the workers involved in the restructuring of the enterprises have been delayed for many years. It is difficult for them to solve the problem.

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