No Contract Is Signed, Labor Relations Are Also Established.

In September 5, 2013, Wu was recruited by a supermarket and worked as a cashier. The two sides did not sign a written labor contract, and Wu earned about 1800 yuan a month.

At noon on May 17, 2015, Wu came home from an electric car on his way home and collided with an unlicensed car.

The traffic police confirmed that Wu did not bear the responsibility for the accident.

Wu and the supermarket have repeatedly negotiated and asked for industrial injury treatment, but they have not yet reached an agreement.

In order to identify the need for industrial injuries, Wu had to work locally.

The Arbitration Commission appeals for confirmation of labor relations.

During the trial, the supermarket did not appear in court and did not submit written defense.

In order to prove the existence of labor relations with supermarkets, Wu issued a work license, a 500 yuan work clothes receipts receipts and testimony of colleagues.

After the trial, the Arbitration Commission held that

The second item of the notice of relevant matters (No. [2005]12 of the Ministry of labor, Ministry of labor, No. [2005]12) stipulates that the employer has not signed a labor contract with the laborer, and finds that the labor relationship between the two parties can be referred to the following credentials: (1) the payment voucher or record of wages, the record of payment of social insurance premiums; (two) the certificate of identity issued by the employer to the laborers; and (three) the recruitment record of the recruitment form such as "registration form" and "application form" for recruitment by the employer; (four) attendance record; (five) others

Testimony, etc.

In view of the evidence provided by Wu, the Arbitration Commission finally ruled that Wu had a labor relationship with the supermarket.

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Liang was assigned to work in a mechanical factory in Rongcheng in 1979. In 2001, a company in Ningxia incorporated and incorporated a mechanical technology company in Shandong (hereinafter referred to as the machinery company).

In early 2013, Liang worked as deputy general manager in accordance with the company's arrangement, and the monthly salary was 4000 yuan.

At the end of 2013, the Ningxia company pferred all its holdings to a trading company in Shanghai.

In January 1, 2014, the machinery company issued a notice of dismissal of managerial personnel to Liang, relieving Liang's duties.

Since February, Liang has been working normally, but the machinery company has not arranged its work, and only paid 70% of its wages according to the minimum wage standard of Weihai.

In August 31, 2014, Liang wrote to the unit to resume work, distribute normal wages, or terminate the labor contract in accordance with the law, and the unit pays economic compensation.

In September 13th, the machinery company issued a notice to terminate the labor contract to Liang, agreed to terminate the labor contract, and said that the unit was to terminate the labor contract of the two parties according to the requirements of Liang. According to the provisions of the twenty-eighth and eighth items of the Shandong labor contract regulations, the unit could not pay the economic compensation.

In November 3, 2014, Liang submitted an arbitration application to the Rongcheng labor and personnel dispute arbitration committee, requiring machinery companies to reissue wages and pay financial compensation.

After the ruling of the Arbitration Commission, the machinery company refused to accept the case and filed it with the Rongcheng municipal court.

The court held that Liang was working normally, but the machinery company did not arrange work for no reason. Therefore, he should pay wages according to the wage standard provided by Liang during the normal working period.

According to the provisions of the thirty-eighth and 46 articles of the labor contract law, if the employer fails to pay the labor remuneration in full and in time, the worker may propose the rescission of the labor contract, and the employing unit shall pay the economic compensation.

In this case, although Liang proposed the lifting of the labor contract between the two parties, the machinery company did not pay the labor remuneration in time and in full, so the case did not comply with the provisions of the twenty-eighth and eighth items of the Shandong provincial labor contract regulations, and the machinery company should pay economic compensation to Liang Mouzhi.

Thus, the court ruled that the mechanical company paid Liang Yuan a wage gap of 24468 yuan from February 2014 to September and an economic compensation of 144000 yuan.

After the first instance decision, the machinery company still refused to appeal to the Weihai intermediate people's court.

After the trial, the court dismissed its appeal and upheld the original judgment.