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Labor dispute: One paper judgment is contended for answer 10 years " social secu
From;    Author:Stand originally
Insurance premium of society of a filling capture uses dispute record, had taken work censorial inform against, the arbitration and lawsuit 3 programs, finally, forensic judgment held the right for laborer. So, issue of insurance of filling capture society after all applicable why to plant relief program? It is application arbitration, still take work censorial inform against? Whether does issue of insurance of filling capture society belong to a court to accept limits of labor dispute case? " does labor dispute arbitration mediate a law " what new regulation to have again? Look please, --

The case is answered put

The 50 person such as Li Mou fastens Han Dan worker of on guard of some textile mills, length of service all is in 10 years of above. Its labor contract expired on December 31, 2004, after expiring, with this the factory did not sign new labor contract, but the 50 person such as Li Mou still works in this factory. In May 2005 portion, during coming to worked overtime on May 3 on May 1, this factory did not pay Li Mou to wait for 50 person overwork pay by the standard of 300 % . Additionally more important is this factory is the 50 person pay such as Li Mou only 1997 2 month, 2000 the primary endowment insurance of 6 month, owe pay primary endowment insurance is close 10 years, and primary medical treatment, unemployed insurance from beginning to end not pay. Subsequently the 50 person such as Li Mou works to Han Dan city with respect to above problem censorial group mentions inform against. On June 6, 2005 this group make " inspect of Han service company does not get a word (2005) 001 date " do not grant to accept complain advice note. Subsequently on June 8, 2005, the dispute of labor of town of Dan of 50 person Xiang Han such as Li Mou arbitrates committee puts forward labor to arbitrate, this committee is accepted at granting in order to exceed the arbitration for effectiveness for a given period of time on June 15, 2005.

On June 15, 2005, the 50 person such as Li Mou refuses to obey, court of county of Xiang Han Dan mentions civil suit. In trying a process, the manufacturer that serves as the accused is argue only say, accuser lawsuit exceeds the arbitral effectiveness for a given period of time of labor dispute, safe to owing capture society not dissent.

Forensic point of view

Court of first instance thinks: Although the 50 person such as Li Mou and this factory did not sign new labor contract after labor termination of contract, but the 50 person such as Li Mou still works in this factory, this factory not demur, regard both sides as to agree to continue to fulfil labor contract with original requirement, the labor between both sides concerns lawfully merit law protection. The 50 person such as Li Mou worked to 3 days of legal holiday on May 1, 2005, this factory should pay the 50 person such as Li Mou the salary reward of 300 % , this factory should pay the salary that defaults a part, press the economy that defaults ministry deal out to pay the 50 person such as Li Mou 25 % to compensate gold. The first of the 50 person such as Li Mou appeals to beg be in apparently legal inside 60 climate effect; Social security of the 2nd filling capture of 3 danger appeal to beg belong to apparently durative, to in May 2005 the middle ten days of a month, the accused still did not give the 50 person pay such as Li Mou 3 a place difficult of access, cannot understand to support the 50 person such as Li Mou only with 60 climate effect so the filling capture of 2 months appeals to beg, namely of the 50 person such as Li Mou appeal to entirely beg all do not exceed arbitral effectiveness for a given period of time. Dispute of labor of Han Dan town is arbitral committee from this of place make known to lower levels do not grant to accept advice note mistake, the reason that the accused weighs with this argue does not grant to support. Wait for the social security problem of 50 person to Li Mou, this factory regards choose and employ persons as the unit, 50 person pay ought to wait to answer to be used by the basic provide for the aged of pay of unit of choose and employ persons, medical treatment, unemployed insurance premium for Li Mou during working relationship puts add (should by the except of worker individual pay) . According to " labor law " the 3rd, 44, 70, 72, " top people court discusses rule of case comfortable usage about trying labor to contend for the explanation of a certain number of problems " wait the 16th times, the court decision is as follows; One, the accused gives pay except the 5 person such as Zhou Mou 45 accuser works overtime salary 49. 7 yuan, economy compensates gold 12. 4 yuan; 2, the accused is Li Mou to wait for 50 person filling pay from come into the factory in May 2005 during the middle ten days of a month ought to reach unemployed society insurance premium to use by the basic provide for the aged of the accused pay, medical treatment (specific by check and ratify of social security branch) .
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