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After 13 months

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Started 10 years ago by soivdyhh8s0

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 After a second trial, to May 13 the end of the retrial, Furong District, Changsha City Sanitation Bureau Xie former sanitation workers who feel isolated if victory is a step closer. Worked for 25 years,woolrich online, he had not signed a labor contract This year 68-year-old Xie if Van, 1986 by fellow introduced to Furong District Sanitation Bureau became a sanitation workers. In February 2012, when 65-year-old Xie who because of their age is too large to be dismissed Furong District Sanitation Bureau. Like most sanitation workers, as Xie did not sign labor contracts with the unit. Unit did not give him to buy "insurance policy,http://witches.kabotya.com/apeboardplus/apeboard_plus.cgi/,," he has no life security after retirement. Xie If Van and other sanitation workers dismissed Furong District Sanitation Bureau to discuss that, but at that time, the other party only agreed to 200 yuan per year as compensation. Xie who do not agree with this approach if the compensation. "For 25 years I was almost 365 days a year to work every day, except for 2011 due to Changsha participating national civilized city collar over 2000 yuan subsidies, had received no other overtime compensation." If Van Xie said. March 27, 2012, when Xie who went Furong District labor monitoring group to appeal to the workers pay social security issues, the sector that the employment relationship should not belong within the jurisdiction of labor relations, can only wait for the court identified as belonging to the labor relations to be complaint. March 28,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, thanks to the Furong district if every labor dispute arbitration committee for labor arbitration, Furong District, labor dispute arbitration committee issued in April 2012 under the "inadmissible notice." Later, Xie who sued if Furong District People's Court, requesting judgment Furong District Sanitation Bureau did not sign labor contracts to pay double wages, double the economic compensation, overtime, pension losses caused by non-payment of social security and a total of 26 million yuan He also became the first prosecution of Hunan Province Sanitation Bureau rights of sanitation workers. Furong District Court in April 11, 2012 filing,louboutin donna, on May 31 to summary trial. As the case is not the case, involving sanitation workers groups, the court said it would coordinate the Sanitation Bureau issued a unified solution. However, until the end of 2012, the solution was out, compensation is still the previous "200 yuan every year." In January 2013, when Xie Wenying application support through a lawyer who sued the Furong District Prosecutor's Office. In the same year on February 20, Furong District Prosecutor's Office to support the prosecution of filing a written decision. May 10, the Court once again hearing. Furong District Sanitation Bureau argues that if Xie who petitioned for February 1, 2008 to December 31, 2008 of double wages for a period of one year of its application for arbitration, has exceeded the statutory time limit; secondly, if Xie who has exceeded the statutory retirement age, the loss of the qualification of labor law relationship, petitioned the double economic compensation has no legal basis. Where the overtime problem if petitioned Xie, Furong District Sanitation Bureau said on cleaning personnel management model is the use of road contracting system, payment of wages to the working time is not calculated on the basis, not the fact that there is no issue of overtime. After 13 months, issued Furong District People's Court. Court of First Instance, has not yet entered into between the Furong District Sanitation Bureau and Xie If every written contract,moncler pas cher, but there is the fact that labor relations, can be considered after the labor contract between the two parties put forward by the employer, in consultation with the workers agreed to lift. According to the relevant provisions of the labor contract law, judgment Furong District Sanitation Bureau to pay financial compensation 51,125 yuan (25 months × 2045 yuan / month) to thank if Van. If the court dismissed Xie Where other claims. For this verdict, Xie who pleaded if followed to the Changsha Intermediate People's Court of Appeal. Job has to do "a perfect insurance policy" & nbsp; "historical debts" are still rights Xie If Where the case is not unique. According to the Hunan Provincial Federation of Trade Unions million copies of the survey in December 2013 showed that each city in Hunan Province Sanitation Bureau (center), sanitation workers a total of 66,262 people, including temporary workers accounted for 81.9%, directly bear cleaning, road maintenance and management tasks cleaning area of about 252,980,000 square meters. From Identity to employ sanitation workers point of view,http://store.shopping.yahoo.co.jp/1pia/etro-ppbag-set01.html, there are formal sanitation workers (the unit of the employment or labor contracts), supernumerary permanent workers and temporary employment three ways (labor contract is not signed). Which have not signed more than 80% of the total number of temporary sanitation labor contract. The survey pointed out that social security is more serious lack of sanitation workers. Hunan Province, 60.4 percent of sanitation workers did not buy any insurance. The reason: First, government funding can only meet on the compilation of workers social security, social security money to pay for the supernumeraries; the second is the first-line sanitation workers instability, mobility, aging, there are many workers will be close to when to apply retirement age, according to regulations can not apply for pension insurance; another part of the payment period is shorter because they have to pay a few million, can not afford to pay. Changsha is no exception. March 2014 China Youth Daily reporter learned from the local sanitation department, Changsha, a total of about 11,000 sanitation workers,scrape hogan, of which there are more than Qicheng is temporary recruits, no labor contract, there is no "insurance policy." Since there is no sign of temporary sanitation workers employed labor contract, endowment insurance, the city sanitation department often hire temporary workers after retirement age to promote its undergo, 2013 in Changsha, Hunan hired many temporary sanitation workers have to seek legal assistance. By the end of March 2014, China Youth Daily reporter in the investigation Furong District, Tianxin sanitation workers living conditions, etc., once said that "Old Men sanitation hired temporary workers" in the title carried a report on this issue. Article attracted wide attention. In April, the Changsha Municipal leadership instruction, pay close attention to the introduction of policies to address the historical legacy. 2014,http://www.democratie-socialisme.org/spip.php?article3389, Changsha City has already hired more than 8,000 temporary sanitation workers handled in the post "insurance policy." Discipline Committee Furong District Sanitation Bureau Liu Kan told reporters, according to the provisions of the city, it has been hired to handle the job of temporary sanitation workers of the "five insurance" Scale is unit to pay 32%, individuals pay 10%. According to the requirements of labor law, sanitation departments should be from 1999 onwards is the job of temporary sanitation workers employed endowment insurance. Thus labor units will begin to run from 1999, was appointed temporary sanitation workers fill buy "insurance policy." In the council, for example, more than 1,700 existing temporary hired workers, a total of more than 4,000 yuan fiscal spending needs. Liao Kan said, worked in sanitation for the post had hired temporary workers, before the introduction of the policy prior to Changsha retired or did not sign a contract to buy endowment insurance, the "historical debts" can be taken to court in the way the requirements of economic make up. After the court decision, labor sanitation department again be paid. If Frank and others who belong to "historical debts" of the range. Legal gaps caused by hard rights April 2014, the Changsha Intermediate People's Court made a second trial, who rejected the claim if the Sanitation Bureau Xie paid during 2008 December 2 to serve double wages 19,http://www.postyourflasher.com,800 yuan and illegal to dismiss him, Sanitation Bureau shall pay compensation 102,200 yuan requirements; but the decision to pay Xie Furong District Sanitation Bureau of labor relations in the two-year period before the lifting of legal holidays for overtime, totaling more than 6200 yuan. April 29, 2014, when Xie and attorneys who go to Furong District labor monitoring group to monitor the issue of social security to pay the supervision appeal once again, along with first or second instance verdict. September 26, 2014, when Xie where the Hunan Provincial Higher People's Court retrial. December 24, 2014, the Hunan Provincial Higher People's Court "civil ruling," instruction Changsha Intermediate People's Court to retry the case. Focus gradually focus on the case: The employer shall pay economic compensation or damages? Overtime belong to labor compensation, in accordance with the "Provisional Regulations on Wage Payment" to confirm the employer shall pay the employee before leaving two years of overtime is legitimate and reasonable? The burden of proof on the issue of who will bear the social security, while sanitation workers lost pensions and health insurance loss how to properly handle the request? When Xie told reporters who had a lot of my colleagues do this then go to court, but more because of the lack of legal knowledge and courage,air max pas cher, he remained silent. 4 degrees for three years he had been playing this lawsuit, in addition to rights, but also hoping to provide a reference case for others rights. May 21,http://77q1.cn/news/html/?43628.html, Xie's agent,http://store.shopping.yahoo.co.jp/toy-time/key-008.html, lawyer Li Wenying told reporters, although Xie et al lawsuit had been the first trial, the second trial documents, but in fact, still in the process of difficulties. Of which there are legal defects and problems arising when designing, thus resulting in the relevant legal departments of labor rights protection "Labor Law", "Labor Contract Law" provisions and relevant administrative regulations, departmental rules and regulations to understand there is a deviation. She said that in China, the labor dispute, labor dispute arbitration must first go through the pre-program. The employer fails to pay social security workers lawlessness, are currently handled by the labor inspection oversight within the jurisdiction of the brigade. But in the appeal process, the labor dispute arbitration committee called "workers over retirement age, the labor contract has been terminated employment with the employer dispute belongs to labor relations" and directly issued a "notice of inadmissible"; labor inspection Battalion basically is the same reason to refuse,http://www.com-corporation.co.jp/omaezaki/cgi-bin/bbs/light.cgi, saying "come down and so the court process." Labor dispute arbitration committee, labor monitoring group, and even the courts, why is there such an understanding? Article 21 of the 2008 publication of the "Labor Contract Law Implementation Regulations", "employee reaches the mandatory retirement age, the labor contract is terminated." And "Supreme People's Court on the trial of a labor dispute case law applicable to a number of issues of interpretation (c ) "(September 14, 2010) & nbsp; Article VII:" Employers and their hired by the law are already enjoying pension benefits or pension of persons in the event of labor disputes, the people's court proceedings, the court shall Press labor relations process. " Regulations and judicial interpretation of the "workers reach retirement age, but did not enjoy the basic old-age insurance benefits or pension" did not make specific provisions. This gives a similar situation Xie if every employee rights, etc., caused difficulties. Therefore, the relevant departments should pay full attention to this issue, properly handle labor disputes has passed the retirement age of workers and employers take place, so as to safeguard the interests of Xie If all such workers. 

Posted 10 years ago #

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