When The Enterprise Changes Its System, It Is Still Willing To Settle Without Paying Any Compensation.

From state-owned enterprises to joint-stock companies, and then the spanfer of shares to investment companies, 16 employees of Jie Jie printing company in the process of enterprise restructuring because they stopped working and went home to work, then stopped paying basic living expenses and stopped paying social security premiums, and demanded new units to pay compensation. But, once again, they told their old owners to the Arbitration Commission. After trade union legal aid, they finally got 620 thousand yuan. Damages 。

"I worked in the printing shop in 1988, and I worked as a bookbinder for a few decades after I entered." Chen Yong, whose hair is gray, has just fallen, and Wang Dehui next to him says, "I am in the factory two years later than you. You say we are the old people in the factory. Why are you so unlucky? "" yes, yes, there is no work in the factory to go home and wait for the post. Now the basic living expenses are not broken. Can it be unlucky? "In December 9, 2016, 16 employees came to the Beijing Federation of trade unions legal service center to introduce Wang Shi to legal aid personnel.

Chen Yongcai said that the printing company was a state-owned enterprise, and was spanformed into a printing company in 2011. "Although the name of the unit has changed, the wages and positions of our employees have not changed. What we have done before and what we have done afterwards, so none of us has taken the reform seriously."

The workers said that they thought that the efficiency of the units would be better and better after they were restructured. They did not expect to go down in business. Then they simply did not work, and the leaders let them go home for a long holiday.

"We are all old and small, and this salary is not enough to support their families. But this is the cost of living, which has been suspended since June 2015. Chen Yongcai said, at the beginning, we didn't care about it. We felt that although the unit was restructured, it was once a state-owned enterprise. It can not depend on the cost of living of the workers. Therefore, the workers think that after a while, the company will get better. The money owed to you will be returned by a lot.

However, in January 2016, the wages of the workers were still not paid on time. Then, many workers found that their social insurance premiums were also stopped. At the same time, they also heard that the factory was going to be sold. "We have been working here for decades. When the workers are unaware, they spanfer their shares to other companies. Otherwise, we should first reclaim the cost of living for us."

"Our labor contract has not yet expired, and the unit has signed the labor contract with the new company. In any case, the old company has to pay the economic compensation for the labor contract to the employees. "

"When the state requires the payment of social security payments according to the actual wages, the unit has withheld the portion of the endowment insurance payment from my salary every month since January 1999. However, although the unit has deducted the money, it has not paid the social security fee according to the regulations. This situation lasted until the end of January 2001. Because the unit has only withheld money for so many years, it will directly affect my future pension, and the loss unit of this part of the pension insurance also needs to be filled. "Yes, I have this too." "So do I. I heard that many people at work had this situation.

Therefore, the 16 employees went to the labor dispute arbitration committee of the district to apply for arbitration, and asked the printing company to pay the related fees, such as arrears of wages, economic compensation for labor contracts, endowment insurance compensation, and so on. Subsequently, they came to the legal service center of Beijing Federation of trade unions for legal aid. After the review of the legal service center, 16 employees were found to be eligible for assistance. Accordingly, Wang Shi was assigned to represent them.

Zhang Pingjie, more than 40 year old, said anxiously to Wang Shi, "I was injured in my work and led to lumbar disc herniation. The labor department decided to be a disability grade ten. Now, not only can I get no Medicaid and employment subsidies, but I can't reimburse my employer after paying the social security this year. I spent more than 2800 yuan on my medical expenses once, and the work injury certificate, the medical diagnosis certificate and the cost documents have been given to the unit. I have nothing in my hands. Now, the unit must terminate the labor contract ahead of time. What can we do?

Wang Shi asked other people, and found that there were several other similar cases. She comforted them: "in the fifty-eighth requirement of the basic medical insurance policy of Beijing, the employer does not pay the basic medical insurance premium or the large amount of mutual funds for medical expenses according to the regulations, so that the basic medical insurance fund fails to be included in the personal accounts according to the regulations, and the workers and retirees can not enjoy the relevant medical insurance benefits. The employer should compensate the workers and retirees for the losses. So you needn't worry. Because the unit fails to pay the social insurance premium on time, you can not enjoy the medical insurance benefits, and the related costs are compensated by the unit.

Having looked carefully at the application for arbitration of 16 employees, Wang Shi found a very strange thing: everyone asked the unit to pay arrears of wages when they were divided into two periods from June 2015 to March 2016, and from April 2016 to October 31, 2016. According to the usual analysis, the workers applied for labor arbitration in November 2016. They can be written directly to require the unit to pay arrears of wages from June 2015 to October 2016. Why should they be divided into two paragraphs?

After a detailed inquiry, she found that there was still a case of labour dispute in the case. After the unit stopped living in June 2015, the social insurance premium was suspended from January 2016 to February. The workers were informed that the company had spanferred the shares to the company, and the new unit was applied to the Arbitration Commission as the respondent. After mediation, the two sides reached a conciliation agreement in April 2016. Economic compensation The two sides terminate their labor relations in March 31, 2016.

At this point, the workers thought that the end of the dispute, I did not expect the new unit said no money to pay. When the mediation agreement came into effect, the employees applied to the court for enforcement. At that time, it was discovered that there was no motor vehicle under the name of the company. Its bank deposits and only one property had been frozen and sealed up by other courts. The court has to terminate the enforcement procedures in accordance with the law because the employees fail to provide clues for other executable property or property.

"This is a typical case that we won the lawsuit and could not get the money!" "they did it deliberately, knowing that they didn't have the money to sign the mediation agreement with us, and to play with our staff!" the workers were helpless and angry, and finally they all summed up: "let's tell the printing company." So, there was a labor dispute case that asked Wang Shilai to do legal aid.

Wang Shi was in trouble: according to the law, the parties could not repeat the same lawsuit. Although it is applied for arbitration, the applicant will be changed to a printing company. However, due to the fact that the two parties have already signed a mediation agreement, the request for arbitration is likely to be rejected. However, in this way, the compensation of the 16 workers can not be reached at one point.

I think just now the workers said that the labor contract was signed with the border printing company. Wang Shi said to them, "show me the labor contract." Only four or five people handed it to her.

Chen Yongcai explained: "we sign a contract every two years, and the last time it is renewed at the end of 2015. At that time, there were many blanks in the contract text. The workers signed the contract and said they had to seal it, but later some of them gave it to others. However, each of us has printed the social security payment information, which shows that the social security fees as at January 2016 or February were paid by the border printing company.

Wang Shi frowned: according to the law, the record of social security payment alone can not prove the existence of labor relations between the employees and the payers. In addition to the labor dispute case with the former pun Chan investment company, if the boundary printing company denied the existence of labor relations with the 16 employees, there was no sure victory in this safeguard.

In the following days, Wang Shi carefully studied the specific conditions of each of the 16 employees, calculated the amount of claims one by one, then found out the legal basis and wrote down the agency opinions.

In mid January 2017, the Arbitration Commission heard the case.

When the 16 employees reported the matter, Mr. Zhou, the agent of the printing company, said: "the company has spanferred the shares to the company. Although the issue of staff handling has not been completed on time, the employees should be directed to the new company owner Zhang Quanli."

Wang Shi submitted two pieces of evidence to the arbitration tribunal: "this is the industrial and commercial registration information of the printing company from the industrial and commercial registration department and the company's investment company. Although the names of the two enterprises have the same two words, but from the perspective of the composition of the legal person and shareholders, the two parties are not related. In terms of business scope, the former is a printing business, while the latter is a pure enterprise investment management company, without printing qualification and can not engage in printing business.

"In addition, 16 employees have been working in the printing shop since the entry, and have never been interrupted. They have been working here since the restructuring of enterprises, and the social security payment records and labor contracts can be proved. At the same time, they accept the management of the border printing company, abide by the rules and regulations of the border printing company, and so far, the printing company has not terminating their labor contract with them, so the application confirms that there is labor relationship between the two sides. Wang Shi added.

Seeing Mr. Zhou did not speak, Wang Shi went on to say, "since the company has stopped production, the unit has not issued the basic living expenses since June 2015, according to" Wage payment regulations in Beijing "Article twenty-seventh provides that in the period of a wage payment, the employer should pay the wages of laborers in accordance with the normal labor provided for the reasons for the stoppage and closure of the employing units due to the reasons of the workers themselves. In excess of one wage payment cycle, wages can be paid according to the labor standards provided by the workers, but not lower than the minimum wage standard in the city. If the employer fails to arrange the work of the laborers, the basic living expenses of the workers shall be paid according to the 70% of the minimum wage in the city. Therefore, the respondent should pay the basic living expenses for 16 employees.

"In addition, according to the thirty-eighth provision of the labor contract law, a worker can rescind a labor contract if he fails to pay the labor remuneration in full and in time and fails to pay the social insurance premium for his employees in accordance with the law. In accordance with the forty-sixth provision of this law, the employing unit shall pay economic compensation to laborers. " Wang Shi turned to the arbitrator and said, "the applicant does not know that the company is being sold, and the employees request arbitration is the printing company. The change of equity does not affect the arbitration of employees."

Looking at the parties, the arbitrator asked, "do you agree to the mediation?"

Mr. Zhou agreed with the 16 staff members after consulting.

In the next several communication consultations, in order to avoid the conciliation of workers can not get the money, Wang Shi suggested batch, the workers receive money when the scene of the mediation agreement.

As of press release, 16 employees have received 620 thousand yuan compensation.

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