|
|
"I'm really on the second live, it can not Shashi die." August 2 in the afternoon, dark and thin, asthmatic 50-year-old migrant workers from Shandong Province Journey Ma told reporters in Beijing Fangshan when he was ten years miner, got three pneumoconiosis disease, but because executives do not understand the complex relationship between coal mines and parties, rights into a "dead end."
10 years, 3 years have labor contracts, labor relations count a few years?
In 1995, Ma Journey to the town located Zhoukoudian in Fangshan District of Beijing, "Beijing depot Mine" (known as the coal mine under) engaged in mining work unit in charge of the mine is Zhoukoudian asset management company (hereinafter referred to as assets of the company). Until November 2005,http://gzsulingxin.com/home.php?mod=space&uid=36037, he worked for a decade. As mining captain, he often "red in front," lung has accumulated a large number of coal dust. But he left the mine no examination, I do not know whether they are suffering from pneumoconiosis. & Nbsp;
November 2006, coal mining license be canceled Beijing Municipal Land Resources Bureau, the Municipal Development and Reform Commission, has also been in charge of coal mine unit Zhoukoudian in Fangshan District town depot NGS Corporation (hereinafter referred to as agribusiness companies) to apply for cancellation of registration and AIC clear debts. "Agribusiness company under the assets of the company, in 2001, due to the restructuring, the assets of the company free of charge transferred to the NGS put coal mine company executives." August 4, horse Travels case of aid lawyer, Beijing great honor Migrant Workers Legal Aid and Research Center (the great honor center) Wang Dan told reporters that this change horse tour and knowledge. & Nbsp;
"When the bankruptcy liquidation, many of my co-workers are diagnosed with pneumoconiosis, or light or heavy." Ma Journey said, when he had left the coal mine a year, but the body is increasingly weak, always coughing, able to come up gas ,http://demo10.moonfoci.com/bbs/viewthread.php?tid=26740&extra=, must rest on the floor several times. So he wanted to check whether they have pneumoconiosis. & Nbsp;
"In the bankruptcy liquidation, according to the labor laws and regulations, easy to damage the health of coal and other industries, companies should arrange for the medical staff." Wang Dan said. & Nbsp;
However, when the liquidation of coal mines, coal mines a year the horse has left the travel notes. Isochronous horse Journey looking medical units, but found mine has been canceled,http://bbs.800400.xyz/forum.php?mod=viewthread&tid=470492, he found agribusiness company, the company believes that the labor validity horse Travels and coal contracts from 1995 to 1998, while agribusiness company only took over in 2001, and Ma Travel Notes no subsequent labor contract, it does not exist any labor relations, workers can not provide any treatment for him. & Nbsp;
"Me and assets of the company signed a labor contract, but the originals have not been on their hands;. Agribusiness companies and assets of the company is 'paternity', I and it should also have labor relations" in December 2007, on the existence of 10 years of labor relations Ma Fangshan District Travels filed for arbitration to the labor dispute arbitration committee. The arbitration committee believes that Ma Journey only 1995-1998 three-year labor relations and coal mines. & Nbsp;
Ma Travel Notes refused to accept revocation proceedings instituted in 2008 to Fangshan District Court of arbitral awards. When the court, horse Travels submitted "coal mining group leaders" certificate, workers testimony and other evidence is admissible. November 2008, Fangshan District court verdict: 10 years of labor relations exist between horse Travels and coal mines. & Nbsp;
The claim was rejected,doudoune moncler pas cher, to whom should the appeal rights? & Nbsp;
With the decision of labor relations, Ma Journey bottom of my heart. He felt that both the coal mine assets of the company in charge of the unit in charge of the initial units, but also coal mine in 2001 after the competent party agribusiness company, so after the cancellation of the coal mine, activists should "traced", or find the company's assets. Therefore, when applying for the diagnosis of occupational diseases, related injuries, his work unit to fill the column are assets of the company. & Nbsp;
September 2009, Ma was diagnosed Journey to Beijing Chaoyang Hospital three coal workers' pneumoconiosis. In December, Ma Journey was identified Fangshan District Human Resources and Social Security Bureau for the disabled persons occupational levels. & Nbsp;
May 19, 2010, Fangshan District, labor dispute arbitration committee finds that: Horse Journey's "certificate of diagnosis of occupational diseases", "book conclusions related injuries" and "ability to work identification, confirmation book conclusions" are identified in units of assets of the company, should therefore admissible, ruling the company's assets to pay disability benefits, medical expenses, insurance and other social totaling 90,000 yuan, and paid more than 1,700 yuan monthly disability allowance. & Nbsp;
"I am very happy that they have saved. I heard 'thoracotomy lung examination' of Zhang Chao lung after repeated washing, life has no right, I also want to wash the lungs." Journey Ma said. & Nbsp;
Tajima Journey's happy not to exceed two months. Assets of the company will soon file a lawsuit in Fangshan District Court to dismiss the horse Journey fulfill all the requests of arbitral awards. "The trial, the judge asked me to work in the company's assets before? Is there a labor contract? I said, work in the mines, there is no contract,http://www.wsqwlyj.com/home.php?mod=space&uid=26068, they lose." Ma Journey disappointed that the July 15, 2010, the court dismissed his The lawsuit requests. In October, the Beijing First Intermediate People's Court ruling upheld the second instance. & Nbsp;
"For Ma Journey of injuries that conclusion, the court did not adopt the letter, but did not explicitly express its inactive, which causes we can not change horses Journey of work units, re-apply for related injuries, defenders in trouble." August 4,http://jsem.jp, great honor to center When the Executive Director Linfair worried, said: "Horse Travels and Zhang Chao is the same, any time of danger Come Help him.?" & nbsp;
Deputies considered "affiliates" led activist harder & nbsp,tiffany outlet online;
Right now, the horse Travels living in a village in Fangshan District, the Zhoukoudian town when cleaners work every day from 8:00 am to 4:30 pm. "Earn 1,moncler femme,160 yuan a month, only enough to live, not a doctor." Journey Ma said. & Nbsp;
In the industry view,http://bbs.youarebug.com/forum.php?mod=viewthread&tid=108645&fromuid=1731, the biggest obstacle is the right horse management unit in charge of the unit easy to master, coal mine, "cancellation", and log out when - the responsibility to protect the legitimate rights and interests of migrant workers in the agribusiness company did not fulfill the bankruptcy liquidation. & Nbsp;
"The fundamental reason for this dilemma is the complex relationship between affiliated companies." August 5, Thirteenth People's Congress in Beijing, Tong Lihua, director of the center of great honor, told reporters that the station survey found that migrant workers When rights, similar to coal, the company's assets, so that the presence of agribusiness company affiliated companies,moncler soldes, it is easy to transfer the company's interests, resulting in workers rights is difficult. & Nbsp;
Tong Lihua, the "association" refers to the Company's controlling shareholder, the actual control relationship, directors, managers and other senior management personnel and their direct or indirect control of the enterprises, as well as other relationships may lead to the transfer of the company's interests. & Nbsp;
"There are two major harm associated companies." Tong Lihua told reporters that this relationship will result in the employment relationship with workers unable to confirm the real labor units, employers shirk responsibility, and qualified affiliates,tiffany italia, the economic situation is not clear, and even has been canceled, it does not have the ability to take responsibility. & Nbsp;
The second damage, work experience, "shrink", workers obviously worked for many years in a row, but through redeployment between associated companies and other workers will split into working life "passages" between the different units, even if continuous work for more than 10 years, can not be required to sign non-fixed term contract, and once they are dismissed, financial compensation will be greatly reduced. & Nbsp;
Migrant workers legal aid agencies reminder: alert 4 "relationship" & nbsp;
Great honor center lawyer Fang told reporters, "affiliates" is often confused with the four ways of labor relations, to evade responsibility: & nbsp;
- "Mistaken identity", the workers obviously work in Company A, agreement or contract is the superstructure of Company B's seal. In many cases only a labor contract, also units away, which leads to employees who simply do not know themselves and signed a contract. Such as migrant workers originally Hanson Li paper products company, but the injuries occurred, with the signing of the compensation agreement boss is atop the peak of creative advertising company Zhang, later identified advertising company's legal representative is the boss his wife, and the company has been revoked. & Nbsp;
- The use of staff mobility between affiliated companies to confuse labor relations. Workers from the countryside Liuai Shu told reporters that she had to work in an aquaculture company, and its first contract, but after the introduction of the labor contract law in 2008, she was the unit requirements and aquaculture companies have a company associated with the contract, while the other one Affiliates be responsible for her insurance, a unit of her salary by the aquaculture company has canceled the remaining payment account. This rights to labor relations when finds brought great difficulties. & Nbsp;
- By affiliated companies of "contract management", blocking labor relations. Cuigao Long migrant workers that their 1993-2010 work in the mall hotel. However, during the arbitration, the hotel has come up with a contract, claiming that the hotel seven years who has contracted to four units,http://www.enochnj.org, nothing to do with the hotel. After lawyers identified Mall hotel after three contracting companies and the legal representative of the same people. & Nbsp;
- A set of men, sets the brand. Such as migrant workers case, registered under the name of the owner of the two companies, the two companies are identical corporate office land. When Song Wenxin confirm labor relations after the injury, as long as he applied for a company's existence and labor relations, on the other side a shield to Company B. This leads rights program has been delayed. & Nbsp;
"If it involves several related companies, it is difficult to determine labor relations, adverse consequences should be borne jointly by several companies." Fang said, because the workers in the managed status, can not understand the behind the scenes operations between related enterprises, labor the relationship is not clear from the relationship between the companies caused by the last one and therefore the employer liable for the entire working life of workers; or bear joint responsibility by several affiliates. & Nbsp;
According to this proposal, horse Journey of injury insurance benefits, may be borne by the agribusiness company,http://usr.cc/home.php?mod=spacecp&ac=blog&blogid=, or by the agribusiness company, assets of the company associated burden. & Nbsp;
In addition to the "relationship", the reporter also learned from the great honor center, in practice there are other eight kinds of complex labor relations, recently often used to circumvent labor labor party liability: Supermarkets hidden employment; false dispatch; workers do not know love when companies were contracted management; contracts, insurance belong to different units; illegal contracting construction industry contractors; being affiliated transport company hired a private car; labor relations, labor employment relationship indistinguishable; by the Company for cancellation or revocation of change of labor relations, cut off labor life.
Welcome to comment I want to comment
Microblogging Recommended | today's hot microblogging (edit: SN021)
& Nbsp; & nbsp; & nbsp; & nbsp; & nbsp; Sina exclusive manuscript statement: This work (text, images, graphics and audio and video) for Sina, unauthorized, and any media or individual is allowed in whole or in part. |
|
發表於 2015-11-20 04:37:49
收藏