Illustrate The Misunderstanding Of Law In The Protection Of Labor Rights And Interests

< p > in recent years, with the continuous improvement and improvement of labor law < a href= "http://www.91se91.com/news/index_q.asp" > < /a >, the protection of labor rights and interests has been paid more and more attention.

In practice, some employers have intentionally or unintentionally carried out some actions that infringe upon the rights of laborers because they fail to understand the spirit of law or have a fluke.

Once a lawsuit is involved, these units often lose their cases.

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< p > How can employers standardize labor management? What aspects can employees prevent rights and interests from being infringed? The author intends to analyze the cases of labor disputes in the light of the actual cases.

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< p > < strong > misunderstanding 1: in the labor contract, it is lawful "/strong > < /p >.

Xiao Wang, who is a foreigner, put the household registration factor in the first place when he graduated from graduate school and found a job. P

After his efforts, Xiao Wang joined a state-owned enterprise and his account was in Beijing.

When he entered the office in July 2010, Xiao Wang signed a labor contract with the company. One of them was a clear agreement because the company went to Beijing for Xiao Wang. The service period of Xiao Wang in the company was 5 years. If Xiao Wang resigned in advance, he would have to pay an annual payment of twenty thousand yuan according to the service period he did not perform.

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After a year of P, Xiao Wang had a better opportunity to develop, and he wanted to resign.

In the face of up to 80 thousand yuan of liquidated damages, Wang again made trouble.

After repeated representations with the company, Xiao Wang had no choice but to resign and sue for a pfer procedure.

During the arbitration period, the company also made a counterclaim, requesting Xiao Wang to pay a penalty fee of 80 thousand yuan.

Later, after the patience and meticulous work of the arbitrator, the two sides finally shook hands. Xiao Wang paid the company 10 thousand yuan, and the company immediately issued the proof of resignation and other procedures needed to pfer the files.

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< p > < strong > comment: < /strong > < /p >

The twenty-second provision of < p > labor contract law stipulates that the employer can provide special training expenses for laborers and special technical training for them can conclude an agreement with the worker and stipulate the service period.

< a href= "http://www.91se91.com/news/index_c.asp > > laborer < /a > violating the stipulations of the service period shall pay liquidated damages to the employer in accordance with the contract.

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< p > in addition, the employer's request for a service period with any worker for any other reason and the request for payment of liquidated damages by the worker in violation of the service period agreement can not be supported.

It can be seen that if the above cases are not settled by mediation, the employer will get the result of losing the lawsuit: on the one hand, the company's claim for liquidated damages can not be supported; on the other hand, the company must also pfer files to Xiao Wang.

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< p > according to the provisions of the first paragraph of article eighteenth of the labor law, the labor contract which violates the laws and regulations is invalid.

An invalid labor contract is not legally binding from the time it is concluded.

It can be seen that only a legitimate agreement is an effective agreement.

Moreover, some employers also have violations of the law in the rules and regulations. For example, a company stipulates that no matter how long the length of service is, it is 5 days. Employees are required to work overtime on a rest day, and only pay normal wages.

Once there is a similar situation in the company's rules and regulations, even if the rules and regulations are well established and the service procedures are complete, it will be invalid because of the violation of the rules and regulations.

This situation should be avoided by employers.

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< p > < strong > misunderstanding two: cash flow difficulties can be arbitrarily defaulted on employees' wages < /strong > /p >

< p > Xiao Yang is a research and development staff of a network company.

In May this year, the company decided to postpone the payment of wages due to difficulties in capital turnover.

Wages originally distributed on the 5 day of each month were postponed to the 15 day of the month.

Three months later, the company announced that the board decided to suspend the payment of staff salaries.

Xiao Yang was intolerable. He handed over a resignation report to the company's human resources department, on the ground that the company did not pay labor remuneration according to the contract.

Because the resignation application was not granted by the company, Xiao Yang appealed to the labor dispute arbitration committee, demanded that the labor contract be rescinded in accordance with the law, and demanded that the network company pay the economic compensation for cancelling labor relations.

In the court, the company suggested that the company's late wages were indeed difficult due to capital turnover. The company also provided financial statements to prove it, but Xiao Yang suggested that the senior management of the company did not appear late wage.

Finally, the Arbitration Commission found that the salary of the Internet company was insufficient, and it did not pay the wages in full and in time.

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< p > < strong > comment: < /strong > < /p >

< p > labor law fiftieth stipulates that wages should be paid to the laborers themselves in the form of currency.

The wages of labourers must not be deducted or unreasonably defaulted.

No reason for delinquency means that the employer fails to pay the wages of the workers beyond the prescribed time of payment without justifiable reasons.

It does not include: employers are unable to pay wages on time due to natural disasters, wars and other reasons which are not capable of human labor. Employers are temporarily affected by the difficulties in production and operation and capital turnover, and can be temporarily postponed to pay wages after obtaining the consent of the union of their units.

In addition, in other cases, arrears of wages are unreasonably defaulted.

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In the case of < p >, although the network company claims that the wages of the workers can not be paid on time due to difficulties in capital turnover, it has failed to provide evidence, and the decision to postpone payment of wages has not been approved by the union of the unit, so it has constituted unjustified arrears.

In case of undue arrears of wages, the laborer has the right to terminate the labor contract accordingly, and the company can also pay the economic compensation.

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< p > in practice, if a company does not have a union and does not require a late wage, the norm should be to discuss the delay in payment of wages by way of the staff meeting. After more than half of the employees agree, the enterprise can decide to postpone the payment of wages.

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< p > < strong > misunderstanding three: "no other labor dispute" clause can be once and for all. < /strong > < /p >

< p > Xiao Sun worked in an advertising agency in Beijing for 10 years. Due to the adjustment of the company's business, he needed to change his office to Shanghai.

Xiao Sun did not want to go to Shanghai to develop. The two sides agreed to terminate labor relations in January 2011. The agreement signed clearly stipulates that "Xiao Sun and the company have agreed to terminate labor relations in consultation. After receiving the economic compensation paid by the company, there is no other labor dispute between the two sides".

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After < p >, the advertising company paid 10 yuan of economic compensation for Xiao Sun 50 thousand yuan according to the wage standard of Xiao Sun's monthly salary of 5000 yuan and the length of his work.

In March 2011, Xiao Sun filed an arbitration application, claiming that the two sides signed only a written labor contract lasting from January 2009 to December 2009, requiring the company to pay a total of 120 thousand yuan in the written labor contract between January 2010 and December 2010 without a renewal of a written labor contract two times.

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In the court hearing, the company agreed that the two parties did not renew the labor contract in time, but insisted that the two sides had already signed an agreement, making it clear that there was no other labor dispute, so they did not agree with Xiao Sun's claim for P.

Xiao Sun argued that when the agreement was signed, the above-mentioned statutory rights were not known, and the agreement signed by both sides should be cancelled.

Finally, the Arbitration Commission supported Xiao Sun's request.

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< p > < strong > comment: < /strong > < /p >

< p > relevant judicial interpretation stipulates that the agreement reached between the laborer and the employing unit on terminating or terminating the relevant labor contract, payment of wages, overtime, economic compensation, or compensation shall not violate the mandatory provisions of laws and administrative regulations, and shall not be valid for fraud, coercion or the risk of taking advantage of others.

If there is any misunderstanding or unfair situation in the preceding agreement, the people's court shall support it if the party requests to cancel it.

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< p > generally speaking, when handling cases of undisputed commitments, the court will examine whether the reasonable part of the claims advocated by the workers is much higher than the amount of the undertaking. If the difference is not large, the undertaking can be recognized effectively; otherwise, the protection of workers' a href= "http://www.91se91.com/news/index_s.asp" > rights > /a should be considered.

In this case, little Sun Quanli was obviously damaged, and the company did not specify what legal rights the sun should enjoy in the agreement.

Therefore, the Arbitration Commission supported its request.

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