Workplace Failure Leads To Rising Labor Dispute Cases

Employees who are not paid to stay at their posts, retired employees who have not reached the statutory retirement age, laid-off workers, and employees who have "long vacation" due to the business operation stop production belong to the "special" labor crowd. They have more urgent employment needs. Many enterprises like this, employ these people in "labor relations" and avoid "labor relations", so that they can ignore the minimum wage system, working hour system, labor security system and social insurance system required in the labor contract law, which saves enterprise expenses, but greatly damages the rights and interests of workers.

For this reason, the Supreme Court's relevant judicial interpretation requires that the above-mentioned persons may establish dual labor relations, and if they have disputes over employment with new employers, they should deal with them according to labor relations.

In many cases of termination of labor relations, the reasons for the resignation of workers are in violation of the rules and regulations of the unit.

In fact, many units do not publicized rules and regulations, and dismiss workers through these "mysterious" regulations.

The judge said that if the employer did not publicize the rules and regulations to the laborers, the rules and regulations would not be binding.

In addition, the labor contract law also stipulates that when employing units to formulate, modify or decide on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance benefits, staff training, labor discipline and labor quota management, etc., it shall be discussed by workers' Congress or all staff members, and proposals and opinions shall be put forward, and shall be determined by consultation with the trade union or workers' representatives on an equal footing.

Conflicts between rules and regulations without democratic procedures and mandatory provisions of law may lead to loss of employers.

except

Some of the employees have also "rinsed" a company, and some of them have done so.

The labor contract law requires that enterprises and workers sign written documents.

Otherwise, there will be a punitive damages of two times the difference in wages.

This regulation is intended to protect workers' rights and interests, but it is also used by some executives.

In real life, the director of human resources, who has repeatedly resigned, sued the enterprise for not signing a written contract, demanding a high two times salary compensation case.

The judge pointed out that

The supervisor is familiar with the provisions of the law, and at the same time, it is the person in charge of the operation of human resources in the enterprise. Signing and keeping the labor contract belongs to the scope of its work. If the employer can prove that the labor contract is the responsibility of the person in charge of the personnel management department, there is no need to pay two times the wage difference to the person in charge.

On the contrary, if the person in charge can prove that he has signed a labor contract with the employer and the employer refuses, the employer still has to pay two times the wage difference to the laborer.