It Is Not Labour Relations To Help People Replace Classes And Employers.

They are "street angels" dressed in orange uniforms. They are beauticians in the city.

They walk through streets and alleys, with the seasons turning round, or sweating with sweat, or shivering with cold, always waving their brooms to guard the cleanliness of the city.

However, their work is also at high risk.

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In our country, sanitation workers are hit, fallen, injured and beaten every day at work, and the number of casualties caused by traffic accidents is even more shocking.

Recently, Ms. sun went to the Lianyun District Labor surveillance brigade of Lianyungang, reflecting that she worked in the sanitation department in April 2016, but did not sign a labor contract.

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Working for others, thinking that they have labor relations with employers, is there a legal basis for such a thing? Recently, Ms. sun went to the labor surveillance brigade of Lianyun District, Lianyungang, which reflected that she worked in the sanitation office in April 2016, but did not sign a labor contract.

Miss sun's problem is reflected in the investigation by the labor inspection team of Lianyun District. Sun Wei, who is known as sanitation worker, is not their employee. Ms. sun's work is only contracted by Ms. Zhang, the worker of the unit.

It turned out that Ms. Zhang was a worker in the environmental sanitation department, earning 1900 yuan a month.

Since April this year, Ms. Zhang has found a more expensive cleaning job. She asked MS sun to help herself to take charge of the hygiene of the sections, and to give Ms. sun 1700 yuan a month's salary.

Ms. sun believes that health cleaning is not as strict as other work attendance systems. It only needs to meet the prescribed time limit and do well in the hygiene of the prescribed sections.

Is there a labor relationship between Ms. sun and the environmental sanitation department? Should the sanitation department pay the double wage that Ms. sun did not sign?

Lianyun District labor monitoring team related person said, according to

The relevant provisions of laws and regulations, the establishment of labor relations has some elements: employers and workers should comply with the laws and regulations of the main body qualifications, labor provided by the employer is part of the business unit, the employer's labor laws and regulations formulated in accordance with the law applicable to the labourers, the employer's labor management, engaging in remuneration work arranged by the employer.

Ms. sun's actual situation is that she is only responsible for the hygiene of the fixed sections, and is not subject to the arrangement and management system of the environmental sanitation department. Although the work is a part of the unit's business, the salary has always been received by Ms. Zhang, and it is not the unit assignment, nor the recruitment, and the salary and welfare benefits of the employer.

After the detailed explanation of the staff of the Labor Supervision Brigade, Ms. sun expressed her understanding.

According to the relevant provisions of the government procurement law of the People's Republic of China, it is a necessary condition for government procurement suppliers to participate in government procurement activities to participate in social insurance according to law.

The environmental health departments, the financial departments and the social insurance agencies should closely cooperate to strengthen the supervision of the bid winning enterprises. If they do not have a serious labor contract or do not participate in social insurance, they may suspend or fulfill the procurement contract in accordance with the contract, and prohibit their participation in bidding for all government procurement projects within three years.

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