How To Protect The Rights Of Workers Is The Key.

In recent years, "getting paid" and "safeguarding rights" has become a hot topic for ordinary people. It is also a headache for many enterprises.

How to protect the rights and interests of workers reasonably and lawfully? The judges of the people's Court of Linhe District, Bayannaoer, the Inner Mongolia Autonomous Region, summed up the common cases of laborers' rights protection in daily hearings, and analyzed and explained the cases of unpaid labor contracts, double annual pay, paid annual leave and illegal rescission of labor contract damages.

Raise awareness of rights protection.

At the same time, it also reminds employers to employ labor legally and establish harmonious labor relations.

Plaintiff Wang Ruixi told a worker of a hydraulic valve company to sign a written labor contract from January 1, 2015 to December 30, 2015.

After the expiration of the contract, the two parties will not sign a written labor contract.

Wang worked in the defendant's office until March 2016, and the defendant paid wages for the plaintiff and paid the social insurance premium.

After hearing, the Linhe District Court decided that the defendant company paid the plaintiff's double wage difference from January 1, 2016 to March 31st within ten days after the judgment came into effect.

The judge said: "the first paragraph of the eighty-second article of the People's Republic of China labor contract law" stipulates that "if the employer fails to conclude a written labor contract with a worker for more than a month after the day of his own employment, he shall pay the laborer two times the monthly salary."

In this case, after the expiration of the labor contract signed by the plaintiff and the defendant, the plaintiff will continue to work in the defendant's office. The defendant shall pay his wages and pay social insurance premiums. He shall regard the two sides as having established new labor relations, and the defendant company shall have the obligation and obligation to sign a written labor contract with the plaintiff within one month after the establishment of the new labor relationship between the two parties.

The judge reminded that laborers should timely sign labor contracts to safeguard their legitimate rights and interests. When units fail to sign contracts, they should apply for arbitration in a timely manner.

About the time limit for arbitration of double wages, the limitation period of arbitration is final.

From the date of expiry, the application of labor arbitration within a year will exceed the time limit for arbitration.

Defendant Liu Linzi worked in the advertising company of plaintiff in 2013 until June 2015. During the work, the defendant did not take paid annual leave, and the plaintiff did not pay the annual leave with pay for the defendant.

The defendant applied for labor arbitration and asked the plaintiff to pay the annual leave with paid salary. After the ruling of the labor and personnel dispute arbitration commission, the plaintiff paid the annual salary for the defendant from January 2013 to June 2015.

The plaintiff refused to accept the arbitration award and filed a lawsuit, demanding that the judge not pay the annual salary of the defendant with paid annual leave.

After hearing, the court decision of the Linhe District dismissed the plaintiff's claim, and the plaintiff paid the annual salary of the defendant from January 2013 to 2015 June within ten days after the judgment came into effect.

The judge said: "the regulations on the annual leave with pay for employees" stipulated in the third provision: "the accumulated work of employees has been full for 1 years, less than 10 years, and the annual leave is 5 days; the full year holiday for 10 years is already 10 full years, less than 20 years; the 20 year vacation is 15 days.

The national statutory holidays and rest days do not include annual leave. "

There is no doubt that Liu Lin should begin to enjoy paid annual leave starting in 2014, and the plaintiff company is not lawfully appointed because it has neither paid vacation nor paid annual leave.

The judge reminded that paid annual leave pay is a kind of labor remuneration. The employer should apply for a paid vacation according to the worker's personal application or reasonable arrangement, and if he can't arrange a vacation in time, he should also pay the annual paid vacation for the workers in full, and maintain and respect the legitimate rights and interests of the laborers.