Employee is during work of unit of choose and employ persons, did not sign labor contract with unit of choose and employ persons, perhaps work the contract expires bilateral not add autograph, laborer continues to work such case without number, ma Yan's lawyer ever had acted as agent such case.
Laozheng is worker worker of a peasant, work to the city, found to be on duty the job of security personnel. When entering office, the company did not sign labor contract with Laozheng, also did not give Laozheng pay social security, but as compensation, every month sends bit of salary to give Laozheng more. Laozheng also does not understand what social security is at that time, agreed with the practice of the company, worked 5 years so. Later, grow gradually as age, laozheng knew the value of social security, feel the unit does not give on him social security does not have safeguard, want to change a regular corporation additionally to work, offer resignation then, and ask the boss pays economy compensation gold. And the boss of unit of choose and employ persons considers as Laozheng active abdication, because this refuses,pay compensation gold. Both sides produces issue for this, old Zheng Lai arrived to arbitrate committee wants to apply for the arbitration.
This case is a typical case, also reflected the current situation that a lot of worker work, so in this case, what does legitimate rights and interests of Laozheng have again?
Above all, laozheng can advocate unit of choose and employ persons did not sign the compensation of labor contract with its. Basis " labor contract law " the 82nd: "Dissatisfaction of a month since the day that for private use of unit of choose and employ persons is versed in did not conclude one year with laborer of written labor contract, ought to pay duple salary every months to laborer. Unit of choose and employ persons disobeys this code not to conclude with laborer surely do not have contract of fixed deadline labor, ought to conclude the sun that does not have contract of fixed deadline labor rises to pay duple salary every months to laborer oneself. " at the same time, " contract law of labor of People's Republic of China carries out byelaw " the 6th, the 7th also set to time stops since compensation calculative. In carrying out a process, laborer ought to note the problem of litigant effectiveness for a given period of time, times doubler salary is the compensation that unit of choose and employ persons ought to pay essentially, is not unit of choose and employ persons owes hair worker pay, the merit limitation to a year of arbitral effectiveness for a given period of time.
" contract law of labor of People's Republic of China carries out byelaw " the 6th: Dissatisfaction of a month since the day that for private use of unit of choose and employ persons is versed in did not conclude one year with laborer of written labor contract, ought to contract law of according to labor the 82nd regulation pays the salary of double every months to laborer, fill with laborer conclude written labor contract; Laborer does not conclude with unit of choose and employ persons of written labor contract, unit of choose and employ persons ought to written announcement laborer ends working relationship, and the 47th regulation pays contract law of according to labor economic compensation. A calculates time to be versed in to use day that the unit of choose and employ persons that the paragraph sets before pays double salary every months to laborer case full the morrow of a month, end before one day when time concludes written labor contract to fill.
" contract law of labor of People's Republic of China carries out byelaw " the 7th: The sun that for private use of unit of choose and employ persons is versed in rises to did not conclude one year with laborer completely of written labor contract, since the day that for private use is versed in full the morrow of a month comes full before one day a year ought to contract law of according to labor the 82nd regulation pays the salary of double every months to laborer, since the day that regards for private use as labour full a year had concluded with laborer that day without contract of fixed deadline labor, ought to fill with laborer instantly conclude written labor contract.
Next, old Zheng Ke works with removing at any time the contract asks unit of choose and employ persons pays economy to compensate gold. " labor contract law " the 38th regulation, unit of choose and employ persons was not insurance premium of worker pay society lawfully, laborer can remove at any time labor contract, need not assume any responsibility. At the same time " labor contract law " the 46th regulation, laborer according to Benfadi removes 38 times of labor contract, unit of choose and employ persons ought to pay economy to compensate gold to laborer.
In this case, it is unit of choose and employ persons does not sign labor contract with Laozheng, and in carrying out a process, if because the reason of laborer does not sign labor with unit of choose and employ persons,be of the contract, basis " contract law of labor of People's Republic of China carries out byelaw " the 5th: Inside a month since the day that for private use is versed in, unit of classics choose and employ persons is written after the announcement, laborer does not conclude with unit of choose and employ persons of written labor contract, unit of choose and employ persons ought to written announcement laborer ends working relationship, need not pay economy compensation to laborer, but the work reward that ought to pay its actual working hours to laborer lawfully.
In addition, if laborer has expired with the labor contract that unit of choose and employ persons signs, bilateral not add autograph, but worker still works in unit of choose and employ persons normally, how ought to be right now working relationship maintained? Basis " top people court discusses rule of case comfortable usage about trying labor to contend for the explanation of a certain number of problems " the 16th regulation: After labor termination of contract, worker still works in former servant unit, former servant unit did not remonstrate, regard both sides as to agree to continue to fulfil labor contract with original requirement. One party claims the termination of labor to concern, people court ought to support.
In the process that the dispute in this case tries in labor dispute case not infrequent, ma Yan's lawyer also reminds each laborer and unit of choose and employ persons, ought to value bilateral labor contract sign. At the same time laborer also ought to know, be issued by the circumstance of enroach on in oneself legitimate rights and interests, how to counterpoise for him dimension.
