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The Absence Of Evidence Of Dismissal In The Past 14 Years Has Led To A "Break" Of Labor Relations.

2016/9/12 21:13:00 43

DismissLack Of EvidenceLabor Relations

3 women workers in Wuhan, Hubei, who were dismissed for no reason, did not have certificates of social security and other insurance deposits. 14 years of work only proved 4 years of labor relations, and finally relied on a wedding video to find their 14 years of service.

Recently, the "worker's Daily" reporter learned from the Wuhan Changjiang Daily public welfare lawyers' group that the labor dispute case represented by the public welfare lawyers of the regiment came to the end by a laborer.

Wu Jing, a 3 female worker, told reporters that from 2001 to 2011, she had been working for a motor pport company in Hubei.

In August 2011, Wu Jing and other 3 female workers listened to the company's arrangement, and renewed another 5 years contract with another related enterprise.

In October 2015, the company suddenly announced that the company was facing serious difficulties and decided to terminate the 3 people, such as Wu Jing.

Contractual relationship

Wu Jing said that after 14 years of accounting in the company, he is now saying "it's too chilling."

At the beginning of this year, 3 women workers sought help from the Changjiang Daily public welfare lawyers' group, the lawyers' group and Zhu Hongwei, the head of the legal aid station of the citizen's family.

Zhu Hongwei found the case.

Legal relationship

Though clear, there is no evidence.

He said that from 2001 to 2011, the company did not sign a labor contract with the 3 of them, and the salary was also paid in cash. There was no written evidence to prove the labor relationship, but only the labor relations from 2011 to 2015.

After two months of continuous collection, Zhu Hongwei received 3 other female workers' travel photo, professional title registration form and other relevant evidence.

In March this year, 3 women workers filed for labor arbitration.

The Arbitration Commission considers that the existing evidence is not enough to prove that there exist labor relations between the 3 female workers and the original work units from 2001 to 2011. Only the last 4 years' working age is identified, and most of the arbitration requirements of the female workers are rejected.

Later, Zhu Hongwei finally found it in the video of the 3 men getting married.

Entry time

Proof - more than 10 years ago in the video, there was a picture of the original company leader issuing the word of marriage.

In June of this year, 3 women workers filed a lawsuit against the court.

In the trial, Wu Jing said that the first 11 years of his pension insurance and the latter 4 years of medical insurance were paid by himself, and he did not enjoy the new year's vacation in 14 years, and he never received the vacation pay.

The company said that the labor contract between the two sides expired and should not be paid for the cancellation of the labor contract, and that the labor relationship was only 4 years, and only 4 years' economic compensation would be borne.

At the same time, the company arranges annual leave every year and refuses to pay annual leave.

Zhu Hongwei believed that 3 women workers were assigned to the new employment units for their own reasons. They should be calculated continuously when calculating their working years, and the loss of the old-age insurance and medical insurance should be borne by the company.

At the same time, 3 women workers are being dismissed without reason, and enterprises should pay financial compensation to laborers.

In August this year, the court decided that the company paid 6 yuan more economic losses to 3 women workers.


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