A health service company was established on September 16, 2020, and Zheng has been working for the company since September 19, 2020 without signing a labor contract and paying social security. Because he temporarily resides in the workplace, the company does not arrange for him to clock in and out on a daily basis. After Zheng resigned, the two parties had a dispute over the determination of the duration of the employment relationship and sued the court. Since the company did not provide evidence to prove the time of Zheng's resignation, the court of first instance ruled in accordance with the law that there was an employment relationship between the two from September 19, 2020 to Zheng's last working day based on the evidence submitted by Zheng and the facts ascertained during the trial, and the original judgment was upheld in the second instance.
During Guo's work in a forest farm, he knew that the forest farm management system required that if he was "punished by a third party, administratively detained, and sentenced after drinking", he would be "punished according to the seriousness of the circumstances until the labor contract was terminated", but he still got into a fight after drinking, and insulted and pushed the police after the police arrived, resulting in administrative detention. The forest farm terminates the labor relationship with it. Guo was dissatisfied with the settlement procedures for wages and arrears and sued the court, requesting to revoke the Notice of Termination of Labor Contract and continue to perform the contract between the two parties. The court of first instance rejected his claim and upheld the original judgment in the second instance.
Similarly, he did not sign a labor contract and did not pay social security, and Li reported that he was invited to join Company A, but the attendance punching and work dispatch during the period were arranged by Company B. Later, Li resigned, and Company B was also deregistered. Mr. Li sued Company A to the court to confirm the existence of an employment contract between the two parties. However, due to the WeChat chat records, salary payment records, DingTalk group business cards, photos, screenshots and other evidence provided by Li were not sufficient to prove that he was under the labor management of Company A, the court of first instance rejected his claim in accordance with the law, and upheld the original judgment in the second instance.
In some of the above cases, the employer lost the lawsuit, and some the employee lost the lawsuit. Let's ask, did they lose these lawsuits? The answer is obviously no.
On April 28, 2024, the Yanqing Court held a press conference on the "Trial of Labor Dispute Cases in the Past Three Years", which was presided over by You Wenjun, member of the Party Leadership Group, Director of the Political Department and Spokesperson of the Yanqing Court. The press conference introduced the basic situation and main characteristics of the court's labor dispute cases from 2021 to the first quarter of 2024, and Zheng Dongmei, the head of the first civil trial division, released the above-mentioned typical cases.
Yan Puling, a representative of the Municipal People's Congress, and Liu Jinghui, a member of the CPPCC, attended the press conference.
According to Xu Yingju, a member of the party group and vice president of the Yanqing Court, in the past three years, under the traction of the "1+4" political and legal work system in Yanqing District, the number of labor dispute cases in characteristic industries and new employment forms in the jurisdiction has accounted for less than 5%, only occasionally, and small and medium-sized enterprises are still the main subjects involved in litigation. In 2021, there were 11 cases and 279 cases (persons), accounting for 69.57%, 9 cases and 79 cases (persons) in 2022, accounting for 37.09%, and 5 cases and 57 cases (persons) in 2023, accounting for 24.15%. At the same time, the court and the district human resources and social security department rely on the "seven" cooperation mechanism, the adjudication and adjudication are closely connected, the case diversion has achieved remarkable results, and the resolution rate in the arbitration stage has continued to increase for three consecutive years, with 66% in 2021, 71% in 2022, and 82% in 2023.
Under such circumstances, the court found that some employers still have not signed labor contracts with employees, individual workers still lack awareness of the importance of the employer's rules and regulations, and some workers still lack awareness of the retention of evidence.
To this end, the Yanqing court hereby issued the following legal reminders to the employer and the employee:
Employers have "six things to remember":
1. Remember to sign a written labor contract with the worker in a timely manner; 2. Remember to pay the labor remuneration on time and in full; 3. Remember to participate in social insurance for the worker in accordance with the law; 4. Remember that the formulation of rules and regulations must go through democratic procedures, and be publicized and informed to the worker in accordance with the law; 5. Remember not to abuse the dominant position, make illegal acts, and damage the legitimate rights and interests of the worker; 6. Remember to strictly implement the rules and regulations of the enterprise, and strictly follow the legal procedures for post adjustment, wage payment, termination of labor relations and other matters.
Workers' "four attentions":
1. Pay attention to reviewing the terms of the labor contract and properly keep the original text of the labor contract; 2. Pay attention to learning the rules and regulations of the employer; 3. Pay attention to leaving traces of the work and keep the relevant evidence of the work in case of emergency; 4. Pay attention to vigilance and prudently sign the resignation materials.
"In the next step, the Yanqing Court will continue to extend the adjudication function in key links such as source prevention, front-end resolution, and substantive dispute resolution, thoroughly implement the 'general to general' mechanism, provide more practical and down-to-earth legal services for workers, conduct comprehensive 'physical examinations' and special 'consultations' on enterprises on key legal risk points, and effectively promote the risk prevention and control and substantive resolution of labor dispute cases in the jurisdiction. Xu Yingju emphasized.
Delegate Reviews
Yan Puling
Deputy to the Municipal People's Congress
Deputy Director of the Department of Obstetrics and Gynecology of Beijing Yanqing District Hospital (Yanqing Hospital of Peking University Third Hospital).
On the occasion of Labor Day, the Yanqing People's Court held this press conference to comprehensively sort out and summarize the trial situation, case characteristics and trial experience of the court in labor dispute cases over the past three years, providing important guidance for employers to employ workers in accordance with the law and workers to protect their rights in accordance with the law. It is hoped that the Yanqing People's Court will continue to play a role in adjudication in its future work, hear cases in a timely, efficient and fair manner, and provide more and better judicial services and guarantees for the economic and social development of the jurisdiction.
Liu Jinghui
Member of the Chinese People's Political Consultative Conference
Director of Yanqing District Earthquake Bureau
This press conference is a comprehensive summary of the labor dispute resolution work in the district in the past three years, and it is also an important measure for the court to promote judicial openness. With regard to the handling of labor dispute cases, the court has formed a joint force to resolve the situation by strengthening the governance of litigation sources, the linkage between the government and the courts, and the popularization of the law, which shows that the court has made great efforts and achieved real results in stabilizing employment, protecting people's livelihood, and escorting the high-quality economic development of the jurisdiction with judicial power.
Contributed by: Yanqing Court
Photo: Hou Liyang
Editors: Li Shuting, Wang Yuyang, Guo Jin
Review: Zhang Lei