How To Protect Rights Of Employees Repeatedly Renamed Employees

Xi, 40, has worked in a mechanical factory in Xi'an since August 20, 1997. He signed two written labor contracts with the unit for one year. The contract did not renew after the expiration of the contract, and the unit did not pay social insurance to him.

In September 2002, the name of the unit was changed, and Mr. Xi continued to work as a spring worker here, but he still had not signed a written labor contract and still had not paid any social insurance.

In 2009, the unit changed its name again, and the unit still did not sign a written labor contract with it without paying social insurance.

In August 15, 2014 (before the unit changed its name again), Xi received a notice from the unit for a break, and has not yet arranged for work.

After receiving the request for legal aid from Shaanxi, Lan Junwei, a lawyer of the general trade union of Shaanxi Province, intervened in time to investigate. The business of a certain company was cancelled and its liquidator was a group.

LAN lawyers believe that from 2002 to the end of August 2014, Xi has been working in the same place at the same post. This is a fact.

Although the name of the unit has changed several times, the remuneration for work and work has not changed.

Lan Junwei lawyers believe that although the claim is single, that is to say, there is a labor relationship between a seat and the employing unit, but it is rather complicated.

Because he has served in four units, he can not clearly judge it.

The main body, coupled with the lack of evidence from the laborers, is a very difficult task to deal with.

The attorneys obtained the registration information of the four units of the labor relations advocated by the Xi'an Municipal Industry and Commerce Bureau.

According to the content analysis of registration information, three of the four involved units that advocated labor relations exist correlation.

The first entry unit is not yet proven to belong to the latter three affiliated companies.

Through the analysis of the existing evidence materials and industrial and commercial information, lawyer LAN Junwei prejudged the case and informed the parties about the legal risks, and then studied the case with Jia Qingquan lawyer Jia Qingquan, a lawyer's law firm, and finally agreed with Mr.

Lan Junwei lawyer told reporters that in order to maximize maintenance

After the labor arbitration was dismissed, the legal rights and interests of the people's Court of Weiyang District were brought to court.

In the case of prosecution, the solicitor shall append the missing party to the defendant and demand joint and several liability.

At the same time, guide workers to actively collect evidence and make full preparations before the court.

In the trial process, because a defendant group in Xi'an denied labor relations, it could not reasonably explain the fact that there existed labor relations in reality.

The court then added a branch of a Xi'an group to the defendant in this case.

That is, this case has changed from two parties to four parties.

In the face of serious questioning by the court and the full evidence materials of the attorney, the defendant's excuse is full of loopholes and can not justify itself.

Subsequently, the people's Court confirmed the fact labor relationship between Xi'an and a certain group of people in accordance with the provisions of law and evidence, and finally recovered justice for the workers.

Lan Junwei lawyer told reporters that although the case finally won the lawsuit for the laborers, the preparatory work in advance was rather difficult.

There are some evidences such as the "registration form of activists joining the party" and "the registration form".

"Even the seat of a uniform, uniform distribution of water cups, and so on in the trial played a role.

Lan Junwei lawyers believe that as a case of labor disputes, especially whether the facts of labor relations exist between the two sides, we can not simply judge the evidence by dividing the evidence one by one. Rather, we should combine all parties' statements and make comprehensive judgments by the judge according to the certification rules stipulated by law. Therefore, the court should not give up the identification of the objective facts that can be proved by the evidence because the employer does not accept the evidence.

This is also a revelation to us from the case.

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