The company does not sign the Labor contract Arbitration Committee support double compensation peasant laborer wages

Source: Internet
Author: User
Keywords Salary site labor contract
Tags company contractor double compensation get it is it is understood natural persons no one
The recent news, Sichuan Peasant workers Ho Zhengwen got the Labor arbitration award, the Arbitration commission to pay him more than 40,000 yuan in wages and compensation, including the failure to sign a labor contract and pay double wages.  It is understood that this is China's current 40 million construction workers, the first to have no labor contract to get compensation lawsuit. Ho Zhengwen, a Langzhong Mgs Town farmer in Sichuan Province, came to Beijing as a construction worker 5 years ago. As there is no labor contract, he is often deducted from his salary. March 6, 2009, the body and his brother to work with a Beijing site, the agreed salary is 120 yuan a day. The site of the developer is Beichen Industrial Co., Ltd., the construction of the total package is built in Beijing, Labor subcontracting is Beijing hung-Jia Construction Engineering Co. Six and hung Jia two companies at the site set up a project department, Hung good project manager called Yianyen.  Sichuan contractor Bukunyang from Hung good company contracted a part of carpentry work, Ho Brothers followed Bukunyang do carpentry. They came in the same way as other workers, only verbal agreements, without any written agreement in black and white. The labor contract law stipulates that all employing units must sign labor contracts with the laborers. However, for a long time, migrant workers in the construction industry have been difficult to obtain a formal labor contract, enjoy the treatment of formal workers.  They can only follow the contractor, fought in various construction sites, wages, working conditions, industrial injury insurance, etc. are not protected. Faced with unequal bargaining status, many workers have reluctantly accepted this reality. But Ho Zhengwen previously ate did not sign the labor contract losses, repeatedly proposed to sign the contract, but were rejected.  He decided to defend his rights through legal means after witnessing unfair treatment on several occasions. September 2009, the body of the Beijing Fengtai District human Resources and Social Security Bureau of the Arbitration Committee filed an application.  The only documentary evidence he had at the time was the assessment sheet that was received on the September 5, 2009 settlement. December 15, 2009, in court, Hon Jia Construction Company argued that there is no evidence that Ho Zhengwen with the existence of labor relations, but recognized Hung-Jia is the Beichen project of the subcontracting unit, but is actually Yao Astronomy project anchored in the company, the company only charge Yao astronomical management fees, Yao astronomy to the contractor of the work of carpentry to Bukunyang do,  The specific personnel company is not clear. The Arbitration Commission shall, in accordance with the fourth paragraph of the circular of the Ministry of Human Resources and social security on matters relating to the establishment of labour relations, "construction, mining enterprises and other employing units will be the project (business) or the right to operate the contract to not have the qualification of the organization or natural persons, the organization or natural persons recruit workers,  The employer should bear the main responsibility of employing the subject qualification, and determine what the body and the company have labor relations.  January 26, 2010, the Arbitration Commission to decide, Hon Jia Construction Company to pay the main body of the March 6, 2009 to September 13 wages and due to the failure to sign a labor contract double wages compensation, a total of more than 40,000 yuan. "I'm not defending myself on my own. "Labor contract law" has been in force for two years, but no one on the site is in accordance with the law. If no one to act, not to change this phenomenon, and so on in the future when our children come out to work, but also be owed wages. "Ho Zhengwen said.  He is to use action to change the reality, and "promote the whole social legal environment improvement."  Now, what text has become the site of the rights of experts, his work in the main task is to help other workers understand and learn labor law, with the law to protect their labor rights and interests. It is understood that Hon Jia Construction Company has appealed. Ho Zhengwen said he was ready to fight a protracted war.
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