The eight day old man was refused wages and refused to pay the labor supervision team.

category:Global
 The eight day old man was refused wages and refused to pay the labor supervision team.


Eight ten days old man has been in arrears for more than a year for 10 months Xue Chunqin, 81, has no pension insurance and retirement pension for the family, and in 2014 he began to be a doorman in a local company called the Jiangsu rich construction group. It was only oral consultation with the company at that time, no labor contract was signed, and the monthly salary was 1000 yuan. Xue Chunqin told reporters that in 2014 and 2015, wages in these two years were normally distributed. But in 2016, he only received wages in January and February, and the company did not send wages in the next 10 months. In order to get 10 thousand yuan in arrears, Xue Chunqin began to get paid from the end of 2016. At that time, the company boss said to me, deal with it immediately, go back to research and study. Since then, Xue Chunqin has called almost every month. In the second half of 2017, they no longer answered the phone. Xue Chunqin said. Xue Chunqin had found the local Labor Supervision Brigade, but the staff told him that he had not been accepted because he had passed the retirement age. Since then, Xue Chunqin has begun to call the government hotline and contact the media to reflect the problem. Funing county labor supervision team leader Guo Weichun told reporters that before Xue Chunqin had not been to the labor supervision department to reflect the situation, but last week when he received a political wind hotline, according to workers to achieve the legal retirement age, labor contract termination of the relevant provisions to be answered. Xue Chunqin, the responsible person of Jiangsu Fu Jian group, told reporters that the company was no longer operating because of the staff mobilization, but Xue Chunqin was still working there. Later we also made statistics on wages, but we did not pay. We intend to give him the money this week. 24 morning, the Funing County Committee Propaganda Department responsible person told reporters that the media reporting intervention after the intervention of the local government has actively coordinated the relevant aspects, the Jiangsu rich construction group has returned the arrears of 10 thousand yuan wages back to Xue Chunqin. How to protect the labor rights and interests of overaged workers? The reporter has learned that the explanation for the problem of employment exceeding the legal retirement age is mainly based on the interpretation (three) of the law of the Supreme Peoples Court on the application of law to the trial of labor disputes. The judicial interpretation stipulates that the employers and the employees who have already enjoyed the pension insurance treatment or the retirement pension have been involved in the labor dispute. If a case is brought to a peoples court, the peoples court shall handle it according to the labor relations. Wang Dianming, a partner lawyer of Beijing Tongchuan law firm, believes that in the current judicial practice, there is a real phenomenon that super age workers are not paid and right to protect their rights. However, according to the existing judicial precedents, workers who have no ability to work in violation of the law shall be treated with reference to labor relations as long as they do not violate the law. Experts: the relevant law stipulates to be clear The legal profession told reporters how to deal with the problem of labor disputes arising from the emergence of Xue Chunqin, which has exceeded the legal retirement age but does not have pension insurance or pension funds, and does not make a unified provision. Wang Dianming noted that although the national law did not make a unified provision, the summary of the Jiangsu provincial labor and personnel dispute problem Symposium had already made the provisions of the special circumstances of labor relations as long as the employment situation between the two parties accords with the characteristics of labor relations. For the above summary Guo Guo Chun said that the minutes are the provisions of labor arbitration and do not belong to the relevant provisions of labor supervision. Labor supervision is an administrative act, not a judicial act, so the labor supervision team can not quote relevant normative documents in this matter. The relevant legal experts believe that the labor and personnel departments in Funing county should try to conform to the relevant provisions of the Jiangsu provincial level as far as possible to avoid the same province (within the scope). The methods and results of the labor disputes are different from each other, leading to the loss of the guidance function of the law and policy. Wang Dianming suggested that a more perfect unified standard should be worked out in the way of Jiangsu Province, and the relevant documents should be dealt with from the national level as soon as possible. In addition, legal experts have reminded workers that, in accordance with legal requirements, signing relevant labor contracts with employers will help protect their legitimate rights and interests. Source: Xinhua Daily Telegraph editor: Zhu Xiaodong _NBJS6126 For the above summary Guo Guo Chun said that the minutes are the provisions of labor arbitration and do not belong to the relevant provisions of labor supervision. Labor supervision is an administrative act, not a judicial act, so the labor supervision team can not quote relevant normative documents in this matter. The relevant legal experts believe that the labor and personnel departments in Funing county should try to conform to the relevant provisions of the Jiangsu provincial level as far as possible to avoid the same province (within the scope). The methods and results of the labor disputes are different from each other, leading to the loss of the guidance function of the law and policy. Wang Dianming suggested that a more perfect unified standard should be worked out in the way of Jiangsu Province, and the relevant documents should be dealt with from the national level as soon as possible. In addition, legal experts have reminded workers that, in accordance with legal requirements, signing relevant labor contracts with employers will help protect their legitimate rights and interests.