Strange Ways To Hide And Infringe On The Rights And Interests Of Workers Are Frequent.
While the enforcement of the labor law is more severe, some of the illegal enterprises are concealing infringement.
Workers' rights and interests
There are endless strange tricks. The Beijing intermediate people's court yesterday announced the results of the analysis of more than 5300 labor dispute cases over the past year, including two lines of wages, concealing the actual wage amount and a set of two horses to avoid related issues.
labour law
Duty has become the dead end of the current labor law.
According to Chen Rui, a spokesman for the intermediate people's court and vice president of the Central Academy, according to the conclusion of the case, at present, it is a common phenomenon to concealment the actual wages through the payment of two lines. Employers generally set the wage structure of their employees as basic wages plus post wages plus performance pay. When calculating overtime and social insurance payments, they only pay according to the basic wage, which substantially reduces the overtime pay and social insurance that should be paid. Once there is a dispute, the workers will face the situation of difficulty in proving evidence.
"There is another common phenomenon that is a set of two brands to avoid related labor law obligations.
On the surface, laborers are guaranteed labor contracts for a period of time. In essence, the conditions for signing an unfixed term labor contract are deliberately destroyed, and the calculation period of economic compensation for the dissolution of labor contracts has also been artificially shortened.
Chen Rui said that in addition to the above situation, the current labor law monitoring dead ends include: to deny the existence of labor relations by signing a contract with the workers; to cancel the unit without liquidation, resulting in a worker who can win the case but not to execute the case, to win a lawsuit, to write a blank letter, to abuse the limitation of respect for work, to restrict the freedom of employment of labor force, and to increase social security allowances in the wage setting by forcing laborers to sign their own labor insurance consents. Once the dispute arises, this will be used as an excuse not to compensate workers for their losses.
"These enterprises
Violation of workers' rights and interests
The most important feature of these strange tactics is that they are clothed in legal garments and are not easy to see through, but the workers are difficult to give evidence and safeguard their rights.
The court suggested that when signing a labor contract, the laborers should make a clear agreement on the amount of wages and the way of payment, and try to agree to pay the wages through the explicit recording of bank pfer.
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