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    There Are Disputes And Contractual Obligations In Labor Relations.

    2017/5/4 22:08:00 48

    Labor RelationsLabor Rights ProtectionContractual Obligations

    In July 2014, according to the agreement between the two sides, Chen made a cable ditch project to a certain section of a city in Taiyuan. Yuan did not pay 35 thousand yuan for his work.

    Chen repeatedly failed to do so. Yuan wrote the note of debt, which was paid before May 18, 2015, but it has not yet been paid.

    In order to safeguard his legitimate rights and interests, Chen complained to the people's Court of Yingze District of Taiyuan, asking yuan to repay 35 thousand yuan of the project and bear the cost of litigation.

    The trial found that in December 25, 2014, Yuan Mou issued IOUs, stated: Yongkang Street project accounts for 35 thousand yuan Chen Yuan, before January 10, 2015 to pay 15 thousand yuan, the remaining 20 thousand yuan before May 18, 2015 to complete the payment.

    The first party is Yuanmou, and Party B is Chen.

    The court held that the defendant issued "the ious" is the real intention of the parties, and the content does not violate the prohibition provisions of laws and regulations, which is legal and effective.

    Yuan should pay debts to Chen as scheduled.

    Yuanmou did not appear in court and did not provide relevant evidence to refute. Therefore, Chen asked yuan to pay 35 thousand yuan for the project, which was supported by our hospital.

    Yuan Mou will pay 35 thousand yuan for the project during the ten days after the judgment comes into force.

      

    Service contract

    It refers to the service civil contract provided to the society in the form of labor. It is an agreement reached by the parties concerned on the basis of equal consultation and on the conclusion of a certain labor service and labor service.

    In the labor contract, one party must provide labor services to the other party, and the other party must pay the corresponding party for the labor service provider.

    Service remuneration

    Therefore, the labor contract is a two party contract.

    This case belongs to the dispute of labor contract, that is, the dispute of labor relations arising from the labor contract provided by one party as the subject matter of contract.

    This case is a judgment made in accordance with the eighth provisions of the contract law of the People's Republic of China and the 144th provision of the Civil Procedure Law of the people's Republic of China. The contract established in accordance with the law shall be protected by law and legally binding upon the parties concerned.

    The parties shall perform their obligations in accordance with the contract and shall not alter or rescind the contract without authorization.

    According to the contents of the contract signed by the original defendant, and the article "ious" issued by yuan is the real intention of the parties, and the contents do not violate the prohibition provisions of laws and regulations, the article is legal and effective.

    Yuan should fulfill the contractual obligations in accordance with the contract and pay the remuneration of Chen.

    Therefore, Chen's appeal was supported by the court.

    In the labor relations, one party can only be an employer (including enterprises, individual economic organizations and private non enterprise units), as well as state organs, public institutions and social organizations.

    And labor relations may be two equal subjects, or more than two equal subjects. It may be the relationship between legal persons (such as labor outsourcing), or the relationship between natural persons (such as family nanny), or the relationship between legal persons and natural persons (such as insurance agents).

    The main qualification of laborers in labor relations begins.

    Minimum employment age

    (except for special work outside the age of 16), finally statutory retirement age.

    When the worker reaches the statutory retirement age, he loses the main qualification of the laborers and can no longer form labor relations with the employer.

    The main qualification of the individual party in the labor relations is only in line with the civil capacity of the general principles of the civil law. Besides the above workers, it also includes natural persons under the age of 16 and workers who reach the age of retirement.

    For more information, please pay attention to the world clothing shoes and hats and Internet cafes.


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