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It Is Impossible To Complain Directly To The Labor Department If You Want To Claim Compensation Directly.

2015/11/9 19:02:00 24

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Workers

Resigned on the ground of failing to pay social insurance premiums, and demanded payment by the unit.

Labor relations

The compensation for economic compensation and the payment of compensation did not appeal to the labor administrative department, and the claim for additional compensation was not supported by the court.

In September 2008, Tang Mou entered an auto parts factory and worked in a punch shop.

During the Tang Dynasty, the two sides have not signed a written labor contract, and the fittings factory has not paid social insurance premiums for Tang.

In December 11, 2013, Tang was resigned from the factory on the grounds that it did not pay social insurance premiums.

After resigning, Tang Mou submitted to the local labor and personnel dispute arbitration committee.

Application for arbitration

It is requested to award the accessories factory to pay the economic compensation for the termination of labor relations 18161.54 yuan and the additional compensation 9080.77 yuan.

The Arbitration Commission ruled that Tang's appeal request was dismissed.

Tang refused to accept the lawsuit.

During the duration of the labor relations between the two parties, there is a case that the fittings factory does not pay social insurance premiums for Tang. In this regard, Tang has proposed the termination of labor relations, and the fittings factory should pay the economic compensation according to the relevant provisions of the labor contract law, and the request of Tang is in accordance with the law.

The court held that the Supreme People's court's interpretation of several issues concerning the application of the law in labor dispute cases (three): the third provision provides that the people's court shall accept the lawsuit brought by the laborer to the people's court in accordance with the eighty-fifth provision of the labor contract law and require the employer to pay the additional compensation.

However, according to the eighty-fifth provision of the labor contract law, Tang must complain to the labor administrative department in violation of this law. After the labor administrative department has ordered the fittings factory to pay the time limit, the compensation factory will still have to pay the compensation when the fittings factory still fails to pay.

No evidence has been provided in the present soup to prove that it has fulfilled the precondition procedure. Therefore, its claim for compensation for direct payment is not supported.

Accordingly, the court decided: the fitting factory took the average wage of 2492.4 yuan in the first 12 months as the base for the lifting of a labor contract, and paid 13708.2 yuan for the economic compensation of Tangmou's dissolution of the labor contract, and dismissed other claims of Tang.

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2015 China Leisure and tourism research summit was held in Wuqing District of Tianjin. Zhang Jilin, director of the comprehensive coordination division of the National Tourism Administration, pointed out that the lack of leisure time in China is one of the problems to be solved in promoting national tourism and leisure.

According to Zhang Jilin, the survey commissioned by the National Tourism Administration commissioned a market research firm in 2014 showed that 76.2% of respondents believe that leisure is the basic right of citizens.

We are in a period of vigorous demand for tourism and vigorous development of the market.

From food and clothing to a well-off society, tourism has become the basic living needs of the people.

But at present, the quality and quantity of tourist products are hard to adapt to demand.

A well-known phenomenon is that the holiday area is full of people, and complaints about the quality of tourism services are pouring in.

Zhang Jilin said that the public holidays of the people are more fully enjoyed, and the shortage is the private holiday.

"Although many documents stipulate the right of workers to take paid leave, they are not well implemented in reality."

The consequence is that public holidays form a sight of the whole nation, and even neighboring countries are spending the golden week of China.

"From the perspective of time supply, it is the two direction for us to improve, increase private holidays and adjust the rigid rules of public holidays."

Zhang Jilin said that the average days of paid vacation in China are quite different from that of the rest of the world, and many countries are more than two times of ours.

Although there are a series of provisions in the concept, it is generally believed that this is a welfare rather than a right.

"When it comes to paid vacation, I always feel that I owe a little bit and I have a low head."

In the system, the interests of the relevant interest groups have not been taken into account.

"Now we emphasize the rights of workers and ignore the rights of enterprises, and the cost of paid vacation is passed on to SMEs, so the implementation of these enterprises is the worst."

Zhang Jilin suggested that through tax reduction and other institutional arrangements, enterprises should reduce costs and expenditures, and increase the enthusiasm of small and medium-sized enterprises to implement paid vacation for employees.

He also suggested flexible arrangements for public holidays.

Reasonable layering arrangements for holidays, such as the Spring Festival, is a national holiday, while allowing provinces to determine their vacation time according to their own historical and cultural traditions and actual conditions, so that public holidays are more flexible in time.

Cai Jiming, a professor at Tsinghua University, also pointed out at the meeting that China's two-day weekend system is the same as other countries. The number of days of public holidays belongs to the upper and middle levels, and the most missing is paid vacation.

Paid vacation is really used for tourism and leisure.

The paid vacation in China is implemented late, the level is low, and the implementation is not good enough.

Public travel and leisure needs help from holidays. Besides its congestion, its drawbacks are also diluted with the connotation of holidays.

Such as "51", "eleven" and other holidays originally had political connotation, now in many people's eyes is only "Golden Week", people calculate how to travel, vacation, shopping, its connotation has been diluted.

In order to adjust the "two-day weekend" for the golden week, the government violated labor laws and disrupted the rhythm of workers' work and rest.

"We have many holidays, few paid holidays, and the most urgent thing is to implement paid vacation."

Cai Jiming said.

The scholar called on leaders of the state to take the lead in implementing paid vacation.


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