case involving two law

did not sign labor contract, workers encounter "club" wage arrears. In desperation, migrant workers to Dongmou to court, demand payment arrears of wages and economic compensation. Recently, Dongmou request got the support of the court, the Cheap Warriors Jerseys compensation.

Case

company arrears of wages, employee to court

August 26, 2009, Dongmou candidates in Shenyang chemical limited company is engaged in the work, agreed to 1200 yuan monthly salary. Although Dongmou repeatedly asked to sign a written labor contract, but the company still did not respond, also did not give the Dongmou payment of social insurance premiums. Although has not signed labor contracts, but Dongmou are to receive a monthly salary. But in May 10, 2013 July 10, 2013 and 2013 October, a total of 3 months and 20 days of wages, a total of 4400 yuan, the company has not paid to Dong mou. In November 5, 2013, Dongmou will the Cheap Heat Jerseys company to court.

November Cheap 2012 NBA Finals Jerseys 29, 2013, Shenbei New Area people's court held a public hearing of the case. The court decided that the defendant Shenyang Chemical Co. Ltd. the plaintiff Dongmou wage arrears payment of RMB 4400 yuan; the defendant to the plaintiff to pay old-age, unemployment, work injury, maternity, medical insurance premiums in 2009 August to the termination of labor relations, (the specific amount to the social security agencies approved by the amount of quasi, Dongmou assume individuals should pay part); the defendant the plaintiff double pay the difference of 13200 yuan; the defendant the plaintiff Dongmou economic compensation 3600 yuan.

Judge

did not sign the contract, but the labor relationship is established

In the labor dispute

acting judge Zhang Heran to think, the plaintiff Dongmou since August Cheap Wizards Jerseys 26, 2009 in the unit work, although did not sign labor contract in written form, but the formation of labor relations in fact, since September 26, 2009, non fixed term labor contract with the original, the defendant was established between the original, the defendant, the labor relationship is established between the.

according to the "social insurance law" article fifty-eighth, article sixtieth, since August Cheap Timberwolves Jerseys 26, 2009, the original form of labor relations, the defendant should be the social insurance premiums for the plaintiff back from 2009 August to the termination of labor relations during the. The defendant did not sign a written labor contract with the plaintiff, the plaintiff asked the defendant to pay 11 months salary two times the difference between 13200 yuan (1200 yuan / month × 11 months) litigation request, in accordance with the law, it shall be supported.

was not about directional plaintiff payment of wages, the plaintiff has the right to terminate the labor contract, but the plaintiff did not provide evidence that the defendant illegal remove labor contract, the defendant and the plaintiff illegal termination of labor contract facts, not found.

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case involving two law

this case mainly involves the relevant provisions of the "social insurance law" and "labor contract law". The >