Pregnant promoter resigned to sue Carrefour for contract with talent

After Ms. Sheng, who was engaged in promotion at Carrefour, was pregnant, after being asked to leave the company, Ms. Sheng said she was forced to sign a contract with a talent company and was sent to work in other companies, but always worked as a promoter at a Carrefour company and always wore a Carrefour badge to work, and she sued to continue with Carrefour.　　and requires the Talent center joint payment not signed labor contract twice times wages, overtime and social insurance compensation, such as 33,000 yuan.　　A few days ago, Beijing Fengtai District People's Court made a first-instance verdict. Ms. Sheng sued the company on March 1, 2008 to work at Carrefour to sell its products. Carrefour has issued her work clothes and badges with "Carrefour at your service." Work during the week only rest day, night shift from 15 to 23, but each time to work overtime to the early morning one, two o ' clock, sometimes overtime to the dawn, is for Carrefour's shelves to tidy up, cleaning the store health. January 1, 2009, Willus Company's management staff suddenly took out a contract let her sign, the contract of party A is a talent center, content for sent to her to work in the company. At the end of 2008, even in the case of her pregnancy, the Spring Festival did not take a day off.　　April 21, 2009, the head of the company told her that Carrefour is not suitable for her pregnancy in the company to work, and let her fill out the application form, the deadline for the return of overalls and badges. Ms. Sheng believes that during her work, she has been the unified supervision and management of Carrefour, in front of the customer representative Carrefour Company's unified image, for Carrefour sales products, create profits, Carrefour should be in accordance with the law to pay her remuneration, the provision of social welfare. She sued the Carrefour company and the talent Center to continue to perform the labor contract, Carrefour and the talent center to pay her from April 2008 to January 1, 2009 a total of 9 months without signing the labor contract twice times the salary of 14400 yuan, unpaid social insurance compensation for 2250 yuan,　　Between March 2008 and May 2009, overtime was 17065.92 yuan. Carrefour argued that Ms. Sheng was a talent center employee, signed a labor contract with the center, and was dispatched by the center to the company as a promotional promoter. Based on its business needs, the company will be stationed in our company to engage in promotional work products.　　Her salary and social insurance are responsible for the talent center, and there is no labor relationship with our company. Talent Center argues that my unit has been signed labor contracts with Ms. Sheng, there is no labor contract has not been signed, and never made a dismissal of the meaning of Ms. Sheng, it belongs to the automatic separation. Ms. Sheng's attendance management has been completed by Carrefour, she should apply for compensatory.　　At the same time, Ms. Sheng asked for the social Security and various compensation, there is no legal basis for the request to dismiss her prosecution. After the court heard that Ms. Sheng and the talent center signed a labor contract, the appointment of talent Center to send her to the work of the company, and wages are actually issued by the talent center, so both sides have a legal and effective labor contract relationship. Ms. Sheng did not mentionTo provide sufficient evidence to prove that Carrefour was dismissed by the company on the basis of its pregnancy, the talent centre has not provided any evidence to prove that Ms. Sheng's automatic separation, so the labor contract between the two sides has not been lifted, should be continued to perform. Since no other relevant evidence was provided for his claim, the court finally signed a contract with Ms. Sheng only after the expiration of November 30, 2008 after the expiry of the contract between the two parties.　　The Judgment Talent Center pays Ms. Sheng not to sign the labor contract twice times salary difference 1283.63 yuan. After the verdict of the case, the two sides have not expressed their appeal. (Li Chen)