paper of civil judgment
(20 13) Zhong Mei Fa Min Zhong Yi Zi No.293
Appellant (plaintiff in the original trial) Huang, male,1born on February 26th, 967, Han nationality, living in Fengshun County, Guangdong Province.
Appellee (defendant in the original trial) Fengshun County Post Office. No.0/7, Xinyou Road, Tangkeng Town, Fengshun County, Guangdong Province.
Person in charge: Jiang, Director of the Bureau.
Authorized Agent: Liao Dan, lawyer of Guangdong Chengyou Law Firm.
The defendant in the original trial, Guangdong Zhong You Talent Service Co., Ltd. Meizhou Branch, lives on the eighth floor of the Telecom Hub Building, Fang Bin South Road, Meijiang District, Meizhou City.
Head Gao Guoxiong, general manager of the company.
Entrusted agent Lian Xiaomei, female, born on10.2, 1982 65438, Han nationality, lives in Meijiang District, Meizhou City, Guangdong Province, and is an employee of this company.
The defendant in the original trial, Guangdong Posts and Telecommunications Talent Service Co., Ltd. Meizhou Branch, is located in the annex building of Fang Bin South Road Telecom Hub Building, Meijiang District, Meizhou City.
Person in charge: Hu Zhidong, general manager of the company.
Authorized Agent: Guijun Chen, male, born in1970 65438+10, Han nationality, living in Meijiang District, Meizhou City, is the deputy general manager of the company.
The appellant Huang Yin, together with the appellee Fengshun Post Office, the defendant Guangdong Talent Service Co., Ltd. (hereinafter referred to as Talent Service Co., Ltd.) and Guangdong Posts and Telecommunications Talent Service Co., Ltd. (hereinafter referred to as Meizhou Branch), confirmed the case of labor relations dispute and refused to accept the civil judgment of the People's Court of Fengshun County, Guangdong Province (20 13) Mei Famin No.18. On August 9th, 20 13, our college formed a collegial panel according to law and held a public hearing on September 5th, 20 13. Appellant Huang, appellee Fengshun County Post Office entrusted agent, defendant in the original trial, talent pool Meizhou Branch entrusted agent Lian Xiaomei, and post and telecommunications talent pool Meizhou Branch entrusted agent to appear in court. The case has now been closed.
The court of first instance found through trial that the plaintiff Huang worked in Liuxiang Branch of Fengshun County Post Office 10 to 10 from June 30, 2000 to September 30, 2009, and worked in Tanjiang County Post Office 10 from June 2000 to September 2009. During this period, the plaintiff Huang signed a labor contract with the Labor Department of Meizhou Tengda Co., Ltd. on June 5438+1 October, 2003, stipulating that the Labor Department of Tengda Company would recruit (hire) Huang to engage in postal business for one year (from June 5438+1 October, 2003 to. From June 5438+1 October1day, 2004 to February 3 1 day, 2007, the labor service center of Meizhou Post Office signed a labor contract with plaintiff Huang for four consecutive years, stipulating that the labor service center of Meizhou Post Office would recruit (hire) Huang to work in the postal post for a period of one year. The plaintiff's salary and welfare benefits are paid by the Labor Service Center of Meizhou Post Office. From June 5438+1 October1day, 2005 to February 3 1 day, 2007, the defendant Fengshun Post Office signed a labor contract with Meizhou Post Office Labor Service Center for three consecutive years, stipulating that Meizhou Post Office Labor Service Center would provide delivery service to Fengshun Post Office for one year. During the trial, Huang, the plaintiff, only admitted that the contract in 2007 was signed by himself, and the rest of the contracts were not known. On June 5438+1 October1day, 2008, Meizhou Post Office and Meizhou Post and Telecommunications Talent Branch signed a talent lease agreement, stipulating that Meizhou Post and Telecommunications Talent Branch would provide technical, management and service personnel to Meizhou Post Office by way of talent lease, with a contract term of two years. On June 5438+1 October1day, 2008, the plaintiff Huang signed a labor contract and a family planning agreement with the defendant's post and telecommunications talent Meizhou Branch for a period of two years (from June 65438+1October, 2008 to June 65438+February, 2009), stipulating that the defendant company would send the plaintiff to Meizhou. During the contract period, the plaintiff's wages and benefits shall be paid by Meizhou Branch, the defendant's post and telecommunications talent. On October 5th, 20/kloc-0,65438/kloc-0, Meizhou Post Office, Zhong You Talent Meizhou Branch and Posts and Telecommunications Talent Meizhou Branch signed a tripartite agreement on labor dispatch, stipulating that Meizhou Branch of Posts and Telecommunications Talent will undertake the business of dispatching laborers to Meizhou Post Office and post offices of counties (cities) from October 20th. However, the plaintiff Huang refused to sign a fixed-term labor contract with Talent Meizhou Branch, and requested to sign an open-ended labor contract with Fengshun County Post Office. On February 6th, 20 10, Meizhou Branch of China Consulting Talent issued a written notice to Huang, asking Huang to renew the new labor contract before March 5th, 20 10, but Huang refused to sign it. Therefore, on April 8th, 20 10, Meizhou Branch of China Consulting Talent issued a notice of dissolution of labor relations, an agreement of dissolution of labor relations and a certificate of dissolution of labor relations. The plaintiff Huang Zi has not worked in the employer since the labor dispute occurred in June 20th10. Plaintiff Huang applied to Fengshun County Labor and Personnel Dispute Arbitration Court for arbitration on 20 12 and 9/kloc-0. The arbitration tribunal issued Feng Zhongyuan's caseNo. [20 12]0 17 "Notice of Non-acceptance" on the grounds that the arbitration request exceeded the time limit for arbitration application and the plaintiff refused to accept the ruling.
It was also found out that the defendant Fengshun County Post Office was established on February 23, 2000, and the person in charge was Jiang, whose predecessor was Fengshun County Post Office. Huang Liu Branch of Fengshun County Post Office was established on April, 2000 1 1, with Zhang Qiuxi as the person in charge. Tanjiang Branch of Fengshun County Post Office was established on April, 2000 1 1 day, with Chen Miaoyun as the person in charge. Meizhou Tengda Co., Ltd. was established in June199965438+1Oct 2 1, and the investors were Meizhou Hongyan Staff Mutual Aid Association and Meizhou Post Office. Legal representative: Luo Jianqing, business scope: R&D and sales of communication equipment; Let go of the post and telecommunications terminal business and post and telecommunications information consultation. 199965438+129 October, Tengda Company applied to Meizhou Labor Bureau to set up the Labor Department, as a labor agency, only exporting laborers to the post office, not facing the society. Meizhou Labor Bureau approved the establishment of an internal organization of the Labor Service Department on 1 February, 1999. Its internal business is labor export, and it is not allowed to engage in labor service in society. Tengda Company was cancelled on February 2, 2004 due to resolutions of shareholders' meeting, shareholders' meeting and shareholders' meeting. Meizhou Post Office Labor Service Center was established on July 3, 2003 with the approval of Meizhou Labor and Social Security Bureau. Li Youlian, the person in charge, is mainly engaged in the import and export of labor services within postal enterprises. On June 4, 2008, it was cancelled due to the cancellation of affiliated enterprises. Defendant post and telecommunications talents Meizhou branch