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Xu Hongfei came to Beijing in 2006 a construction company to do electrical work,[url=http://www.uggsbootsclearance4u.com/]UGG Clearance[/url], when the company did not sign a contract with him, only an oral agreement is the first month of probation, pay $ 800,[url=http://www.uggclearance1.com/]UGG Boots Clearance[/url], probationary period after passing the wages of 1,200 yuan, arrange room and board. 2008 At first Xu Hongfei and workers quite happy to get the contract only to find, inside the key elements such as wages, benefits, workplace, working hours are a blank, signed after the company so that they do not give them back.
2009 年 day at noon, Xu Hongfei near lunch time because do not want to clean electrical equipment, quarreled with the manager, shortly afterwards, he received the company issued a Company leadership arrangements, the two sides dispute, the company decided that from now on labor relations, according to company rules and regulations, to give them 600 yuan of punishment. fine! Xu Hongfei is not satisfied, go to managers, can the other side simply Bierbuxian.
lost their jobs because of a word, Xu Hongfei gas exports to court, do not know how a play. Have good relations with the brothers in line to see migrant workers in Beijing Chih-Cheng Center for Legal Aid can help migrant workers with free consultation, litigation, let Xu Hongfei to try. Xu Hongfei help to the center the same day, on duty Qiang warm reception of his lawyers, about the case, the lawyer that the company is definitely illegal dismissal without cause, and to him for assistance procedures. Xu Hongfei and unit labor contract is not in his hands, can not be used as evidence, he hands the wages of only a few incomplete, the above sets out the basic wage, subsidies, personal income tax deductions, etc., but no unit seal or signature, If the person does not recognize, it is difficult as evidence. Given the current evidence is not sufficient, and Xu Hongfei has been unable to return to unit, so he contacted a few lawyers to help workers to testify. Collating the relevant material, a district attorney to the arbitration committee made a request to confirm Xu Hongfei with the company from 2006 to 2009 the existence of labor relations; withdrawal penalties and the return of 600 yuan fine; labor relations law to pay double the economic compensation; issue a written certification of labor contracts and labor contracts issued also seized other items.
hearing, the company representative did not deny Xu Hongfei who work in the company, but insisted that although Xu Hongfei unit from 2006 came to work, but the sides did not sign labor contracts, labor employment relationship can only be considered. Only after the contract was signed in 2008, only recognized in 2008 and 2009 labor relations. Company representatives also suggested that there are penalties for Xu Fei Hung's rules and regulations as the basis for Article 34, it is appropriate not to dismiss employees. Lawyer submitted in court since 2006, Xu Hongfei tax certificate to prove in 2006 to 2008 although the two sides did not sign labor contracts, but should belong to labor relations. The company fired Xu Hongfei behavior, rules and regulations of the company's lawyers that the democratic process has not been developed, nor inform the workers,[url=http://www.uggoutletmallonline.com/]UGG Outlet Online[/url], it can not serve as basis for punishment. Effective even if the rules and regulations, Xu Hongfei eat lunch then go to work during the requirements, it does not violate the provisions of which of. After a tribunal of inquiry and cross-examination, the arbitration committee finds that: the two sides of the labor relationship that exists since 2006, the unit of the decision on punishment law, ruling the company paid illegal dismissal Xu Hongfei economic compensation, the return of 600 yuan fine, issue a release to Xu Hongfei written proof of the labor contract. The company refused to court,[url=http://www.in-moncler.com/]Moncler Jackets[/url], the Court of First Instance ruling was consistent with the arbitration award, the company filed an appeal but is still of second instance upheld. Eventually, the company had returned to Xu Hongfei $ 600, to pay 16,000 yuan labor relations law of compensation, and re-issued in accordance with the law
■ lawyer Comment ■
dismissal to be
justified
the employer the right to dismiss workers, but the reason for the dismissal and procedures to be legitimate, otherwise, it is illegal dismissal, the worker may request the dismissal decision to revoke, continue to perform the labor contract; if workers do not want to continue working in the unit, or can not continue to fulfill the contract, you can terminate the labor contract according to the gold standard of economic compensation units required to pay twice the economic damages.
serious violations of labor law the rules and regulations,[url=http://www.in-moncler.com/]Moncler Shop[/url], the units have the right to dismiss employees, but some units get economic compensation. Workers from the three areas to determine the legality of rules and regulations: First, the rules and regulations of the content must be legal; second is to develop procedures to be legitimate, must be representative of all employees or the employees of the General Assembly discussed and adopted; Third publicity rules and regulations to workers the content.
(feed: Chih-Cheng migrant workers in Beijing Legal Aid and Research Center)
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