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The Examination Of Labor Rights Is Also A Test Of Law.

2015/6/2 20:27:00 25

LaborRights ProtectionLaw

According to the litigation cost payment method implemented in 2007, the acceptance fee for labor dispute cases is 10 yuan per piece.

In judicial practice, many courts are exempt from litigation costs for workers' prosecution cases.

The cost of safeguarding rights by workers through litigation has been very low, but laborers still face many difficulties in the process of safeguarding rights.

Recently, the first intermediate people's Court of Chongqing analyzed the labor dispute cases in the hospital in recent 3 years, and found that many workers were not clear about their rights before applying for arbitration and litigation.

To this end, the hospital has selected several representative cases of labor disputes, with a view to providing workers with self-help samples of rights protection.

In November 2006, Wang Ke went to work in a pharmaceutical chain company in Chongqing.

On the day of signing the labor contract, the drug company asked Wang Ke to issue a written promise.

The undertaking stated that Wang Ke voluntarily gave up the drug company to pay social insurance premiums; the company paid the social insurance money as part of the salary and paid it directly to Wang Ke.

Although the amount was far away, Wang Ke thought it would be nice to get cash every month, so he signed the confirmation.

After that, the two sides were disputed over the issue of wage adjustment, and Wang Ke plans to leave the drug company.

The drug company believed that Wang Ke voluntarily waived the company's payment of social insurance money, and had no right to request the termination of the labor contract on this grounds.

The court held that, according to the relevant provisions of the labor law, employers and

Worker

We must participate in social insurance according to law and pay social insurance contributions.

For employees to participate in social insurance and to pay social insurance premiums according to law, the legal obligations of employers should not be changed or abandoned by employers or workers.

A letter of commitment issued by Wang Ke at the request of a pharmaceutical company for violation of the labour law.

Mandatory provision

And invalid.

The court therefore supported Wang Ke's claim and ordered the drug company to pay 24 thousand yuan, such as Wang Ke's salary and economic compensation.

The judge reminded that in the trial practice, some employers were evading.

Labor relations

The responsibilities and obligations in China are far lower than the amount payable for workers to pay insurance premiums, deceiving workers to sign "abandonment agreements" or "escape contracts" which are stipulated in the contract to evade liability clauses, and even sign "life and death contracts" with laborers irresponsible for casualties arising from the work.

From the recent 3 years' case acceptance in the Chongqing intermediate people's Hospital, such labor disputes have increased year by year.

The judge reminded laborers to carefully abstain from signing labor contracts and not to be penny wise and pound foolish.

Compared with the labours of the labourers, the vast majority of employing units are aware of the consequences of labor disputes.

In the face of labor disputes, for some employers, the appeal is not the pursuit of results, but the "enjoyment" process.


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