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do not blindly sign to the labor arbitration committee

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  • Started 10 years ago by 5cbaj6qwam

  1. Legitimate rights and interests of sanitation workers have little protection<br>He Jinyan newspaper reporter intern Wang Liping<br> <br>Four sanitation workers due to overage dismissal, and did not get compensation, retirement benefits promised Sanitation Bureau had also become a bubble. Zhu Pei request, sent Chen Hua, Zhang Lie, nest leap then submitted a paper petition, the Furong District of Changsha City Appearance and Environmental Sanitation Administration to court and claims 162 million yuan.<br> <br>Recently, the case in Hunan Changsha Furong District Court. Hunan Jun see Lawyer Li Wenying reminder to not sign a written employment contract and dismissed the claim double wages laborers should be noted that only one year statute of limitations; format when entering into an agreement with the employer, do not blindly sign.<br> <br>Case:<br> <br>6-year due to over-aged couple Sanitation Bureau was dismissed<br> <br>Chen Hua said delivery,chaussure Louboutin pas cher, if not dismissed, she and her husband would work to the old, "until it carry fixed broom, and returned home."<br> <br>In November 1989,http://www.nudistgallerie.com, was introduced to Changsha Zhu Pei seeking to do sanitation workers,barbour soldes, worked in Furong District Sanitation Bureau. In March 1996,nike air max pas cher, his wife sent Hua Chen came to Changsha to do sanitation workers.<br> <br>"If you want more money for the kids to college." Chen Hua said send "sense parents work, the children will follow the practical man."<br> <br>The end of August 2013, Furong District Sanitation Bureau "Zhu Pei will seek full statutory retirement age" as an excuse to dismiss only issued monthly wages. At that time,http://sixsixsix.s90.xrea.com/cgi-bin/bbs/epad.cgi?post=z08, another month,nike tn pas cher, Zhu Pei seek to 60 years of age.<br> <br>As early as a year ago, Chen Hua also send dismissal because of age Furong District Sanitation Bureau. "When was dismissed, Sanitation Bureau commitment based on length of service, give me a year to compensate 200 yuan." Chen sent Hua told reporters, after May 20, 2012 was dismissed, she only received a monthly salary. Last February 22,louboutin soldes, July 29, Environmental Sanitation Bureau were reissued to her 320 yuan, 333 yuan wages.<br> <br>Recall that 17 years of work, sent Hua Chen felt "worth" is almost never a day off, a day to go through rain and wind. "Did a few decades, say no more work gone. Not a penny of pension, compensation did not say a good landing."<br> <br>Thus, with the support of relatives and friends, the couple will seek Pei Zhu Furong District Sanitation Bureau to court, claims 556,161 yuan, including double wages, illegal termination or termination of the labor contract compensation,http://forum.vakobi.com/upload/viewtopic.php?pid=1427798#p1427798, overtime pay,http://xn--cckvdvbxb4cva3i2080bgoza.biz, including pension insurance losses.<br> <br>Trial:<br> <br>The two sides signed a labor contract occurred debate<br> <br>At 9:00 on February 20, Furong District Court civil division, and Zhu Pei demand, Chen Hua to send the couple standing together plaintiff gallery, as well as Zhang Lie,http://store.shopping.yahoo.co.jp/cio/d0802800003.html, nest leap two. They also due to overage dismissal.<br> <br>It is understood that 56-year-old Zhang Lie Yiyang Anhua people working in Furong District Sanitation Bureau for 13 years. Her age nest leap is 17 years.<br> <br>Chen Hua and send as Furong District Sanitation Bureau had issued a leap nest "cash receipt", noted above, working time "in January 1996 into the sanitation actions 21 February 2013 to retire", to be seniority in compensation per 200 yuan standard pay compensation. All told, the money, a total of more than 3500 yuan, nest Yuejin has not been received.<br> <br>"Clearly written is 'retired', so far I have not given retirement procedures, did not enjoy retirement benefits." Nest Yuejin said.<br> <br>Because the common experience, the defendant claims a total of four payments each total 162 million yuan.<br> <br>"Because of the special nature of sanitation work, sanitation workers overtime Working overtime is a common phenomenon. The plaintiff Zhu Pei seeking 24 years almost 365 days to work every day,http://thunders.room.ne.jp/~ojemammy/cgi2/custombbs.cgi/</dBWFJNgWgE/, except for 2011 due Changsha participating national civilized city and receive over 2000 yuan bonus, you have no other any overtime compensation. "on the court, the plaintiff's attorney Li Wenying said. Moreover, during the 4 years of the plaintiff labor relationship continues to exist, the defendant and the plaintiff has not entered into a written labor contract law, payment of wages below the minimum wage in Changsha City. Accordingly, the defendant did not pay social insurance to the plaintiff, the plaintiff in the cause after being dismissed without any livelihood security.<br> <br>Li Wenying pointed out that in accordance with the provisions of paragraph 2 of Article XIV of the "Labor Contract Law",http://www.xl1200x.net, since January 1, 2008, the plaintiff has met "should be signed without a fixed term labor contract" conditions, the defendant is not within the statutory period and the plaintiff signed a labor contract without a fixed term, in accordance with the provisions of paragraph 2 of Article 82 of the "labor contract law", which shall pay double wages to the plaintiff. In addition, the dismissal of the defendant's conduct does not meet the cancellation or termination of the labor contract the statutory conditions, in violation of the law cancellation or termination of the labor contract, it should pay compensation to the plaintiff.<br> <br>Counsel reminds:<br> <br>Signed agreement form to be cautious<br> <br>Court, the original defendant, the two sides on the issue of labor relations are terminated normally due to age, whether Sanitation Bureau shall pay double wages and a debate on the statute of limitations.<br> <br>The defendant attorney that several plaintiffs were to reach the statutory retirement age and normal termination of labor relations. In this regard, Li Wenying that the defendant cited statutes and "constitutional" contrary "to the plaintiff if the defendant purchased a pension, the plaintiff in the statutory retirement age will have source of income, but the defendant did not do so."<br> <br>The defendant attorney, said the limitation period for arbitration of labor disputes is one year, and the Sanitation Bureau and sent Hua Chen labor relations for more than a year. "Last year, in February and July, the Sanitation Bureau to Chen twice wages. This proves that the labor relationship between the two in 2012, did not fully terminated." Li Wenying argued.<br> <br>At present, Changsha, a total of more than 8,000 sanitation workers labor contract temporary recruits and the "insurance policy" the problem is not resolved.<br> <br>Li Wenying told reporters, in similar cases she accepted, the defendant more than the statute of limitations in the case to defend. In addition, the burden of proof concerning such disputes are often neglected, "because of the employer to dismiss, removal, dismissal, labor contracts, reduce labor remuneration, work experience and other workers calculated decisions labor dispute,http://store.shopping.yahoo.co.jp/p-kaneko/kg1206--6900aacv.html, the negative by the employer the burden of proof. "<br> <br>Li Wenying remind the majority of workers, did not sign a written employment contract for dismissal and claims double wages, it is noted that only one year statute of limitations; format in signing an agreement with the employer, do not blindly sign to the labor arbitration committee, legal aid Centre lawyers or legal advice.<br><br>

    Posted 10 years ago #

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