Labor Disputes, Multi Rights And Integrity.

2013 is the sixth year when the labor contract law came into effect. In the past six years, labor disputes have emerged from a large number of cases to a high level. Labor dispute cases have become a relatively high proportion of civil cases, which is closely related to socio-economic development and livelihood issues.

　 Increasing number of malicious litigation cases

[case]

In February 2013, Wu joined Luotian company, and the two sides signed a five year labor contract. In July 2013, the company presented a notice of resignation to him, and dismissed him for several days in a row for several days in a row and violated the company's rules and regulations seriously. He also stated that the two sides would terminate their labour relations in July 1, 2013. Because Luotian company refused any compensation, at the end of July 2013, Wu passed the lawsuit procedure to request Luotian company to rescind the decision of illegal rescission of labor contract and continue to fulfill the labor contract. In September 2013, Wu had entered the work of Jia Yang company. The company also began to pay social insurance for Wu on that month, but Wu never mentioned the facts to the court.

The court held that Luotian company, as the employing unit with managerial responsibilities in labor relations, bears the burden of proof on the reasons for its termination of labor relations with workers. Luotian company did not submit sufficient evidence to prove that Wu had the fact of continuous absenteeism, so the company had no factual basis for relieving the two sides' labor relations on the grounds of absenteeism. It was illegal to terminate labor relations, and Wu had the right to continue to fulfill the labor contract. But since September 2013, Jia Yang has begun to pay social insurance for Wu. In view of the fact that enterprises usually pay personal social insurance for individuals, there is labor relationship between the two sides, and the court has asked Wu not to give reasonable explanation for the reason why Jia Yang has paid social insurance for them. Therefore, the court held that Wu had been employed by other employers in September 2013, and accordingly decided that Wu and Luo Tian's labor contract could be fulfilled until August 31, 2013.

　 [analysis]

According to Labor Contract Law "In article forty-eighth, if the employer illegally terminates or terminates the labor contract, if the employee requests to continue to perform the labor contract, the employing unit shall continue to perform. If the worker fails to continue to fulfil the labor contract or the labor contract can not continue to perform, the employer shall pay the compensation according to the double compensation standard. In judicial practice, it is required that the laborers who have confirmed that the two parties' labor relations continue to exist are not in the minority. Under such circumstances, the laborers stop working because of the illegal rescission of the employing units, and have the right to require the employing units to pay the labor remuneration during the period of work stoppage. The above legal provisions fully protect the interests of workers, but also lead to the appearance of a large number of "circular litigation" cases. In some cases, workers ask for wages once every half a year, which increases the burden of litigation. What is more, some workers still advocate the existence of labor relations with the original employer after the entry of the new employer, demanding labor remuneration and seeking improper benefits.

　 　 Worker Cheating on porcelain has also happened.

[case]

Liu joined a Digital Corporation in July 1, 2012 and worked as a human resource manager. In June 30, 2013, after the expiration of the labor contract, Liu and Digital Corporation agreed that the labor contract expired and the Digital Corporation paid the economic compensation for Liu to terminate the labor contract. Shortly after Liu left, he asked the Digital Corporation to pay two times the wage difference he did not sign a written labor contract. In the course of the trial, the Digital Corporation confirmed to the court that the company had signed a written labor contract with Liu, and that Liu's endorsement of the list of documents accepted was signed by himself. His job duties included the signing and keeping of the labor contract, but insisted that Digital Corporation did not sign a written labor contract with him.

After hearing the court, the court held that, according to the contents shown in the list of documents received, Liu Mouceng received the text of the labor contract signed by the Digital Corporation and signed it with himself. Although he denied that he had signed a labor contract, he failed to make a reasonable explanation for the signature in the above acceptance list, and Liu failed to submit the labour contract he retained to overturn the content of the copy of the labor contract book provided by Digital Corporation, which should bear adverse legal consequences. At the same time, taking into account Liu's responsibilities, including signing labor contracts with employees and keeping the labor contracts retained by the company, it is impossible to exclude the possibility that Liu will take away the original labor contract left by the company. The court accepted the copy of the labor contract submitted by the Digital Corporation, and confirmed that the two sides signed a labor contract with a deadline to June 30, 2013, and dismissed all the litigant claims.

[analysis]

As a legal document that can directly prove the core content of labor relations such as wage standards, jobs and working deadlines, labor contracts are of great importance to clarify the rights and obligations in labor relations. Because of this, the law stipulates that the employer should pay two times the salary form, which strengthens the legal liability of the employer and the laborer to conclude a written labor contract. That is, when the employer fails to fulfill the statutory obligations of signing a written labor contract with the laborer, it should pay the laborer two times the salary within a certain period of time.

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However, driven by interests, some dishonest workers try to obtain two times wage difference through litigation by delaying labor contracts and stealing labor contract texts. Employers should take this as a warning, improve the management system of labor contracts, and avoid similar disputes.

　　 Employing unit "No dispute clause"

[case]

Zhao went to Beijing for migrant workers. In 2009, 9 months into a catering company, the monthly wage standard was 2800 yuan, and the catering company did not pay social insurance to Zhao. In October 31, 2011, Zhao resigned at home because he had something to do with the catering company, and asked the catering company to settle the salary of 2800 yuan in October 2011. The catering company asked Zhao to sign a labor agreement in advance, otherwise it would not pay October wages. The agreement drawn up by the catering company contains "... Party A and Party B have terminated their labor relations in October 31, 2011 after consultation. Party A will pay Party B 2800 yuan in October 2011 and all other expenses have been settled in accordance with the requirements of the contract. There is no dispute between the two sides. " In January 2012, Zhao learned that according to relevant laws and regulations, he should enjoy the right of paid annual leave and pension insurance and unemployment insurance benefits. He would ask the catering company to pay unpaid annual leave wages and compensation for old-age insurance and unemployment insurance through litigation procedures.

The court held that the agreement on dissolution of labor relations contained "all other expenses have been practically settled according to the requirements of the contract, and there is no dispute between the two sides". However, it did not show that the catering company and Zhao had consulted on the annual leave pay, social insurance compensation and other related compensation. When the catering company failed to confirm that it had paid special attention to Zhao's notice, the Court adopted Zhao's assertion that the above provisions were unfairly fair, and decided that the catering company should pay relevant treatment to Zhao according to law.

　 [analysis]

Some dishonest employers take advantage of their own managerial advantages, such as clearing wages and issuing leave certificates, or using laborers' low educational level and weak legal consciousness to require workers to sign a severance agreement containing provisions such as "all disputes can be resolved at once" and "all expenses have been cleared up", which violates the real meaning of workers and infringes the legitimate rights and interests of laborers. In practice, if a practical unit is found to have fraudulent, coercion or act in a dangerous way when requiring a laborer to sign an agreement, the above agreement or relevant provisions will be deemed invalid by the arbitration organization and the people's court.

What needs to be reminded is that, in addition to polishing the eyes of the agreement, workers should avoid signing the documents in the blank or the labor contracts and salary records which are inconsistent with the actual situation. Otherwise, they may also bring unnecessary trouble to themselves.

Since 2014, many courts, including labor disputes, will be open to the public on the verdict of the civil and commercial cases. Therefore, all acts of making profits by using dishonest conduct in the labor dispute area will be made public. It is expected that the implementation of the above measures will help to establish the sense of integrity.