Brief introduction of the case
Retired soldier Yang started to work as a bus driver in a transportation company in Yibin City, Sichuan Province. The transportation company signed a written labor contract with Yang Mochao, with a probation period of three months. The labor contract stipulates the work content, task and place, working hours, rest and vacation, etc. However, it is not clear about the payment of social insurance and the termination of the labor contract by the transportation company. The transportation company began to pay social insurance for Yang Mochao, but it has not paid the work-related injury insurance premium. After the expiration of the labor contract, the transportation company and Yang Mochao re-signed a written labor contract, but all the contract texts were recovered and kept by the transportation company. ?
The transportation company unilaterally announced the suspension of business, and all employees, including Yang Mochao, terminated their labor contracts, but refused to deal with the follow-up matters such as economic compensation and social insurance relationship transfer. While continuing to work, Yang Mochao and others coordinated with the transportation company many times, but all failed.
In order to protect his legitimate rights and interests, Yang Mochao went to pingshan county Legal Aid Center in Yibin City to apply for legal aid to solve the problems related to the termination of the labor contract with the transportation company. The Legal Aid Center examined and accepted Yang Mochao's application according to the Regulations on Legal Aid in Sichuan Province, and appointed Li Anmin, a lawyer of Sichuan Jingjiang Law Firm, to undertake the case. ?
After accepting the assignment, the attorney-in-charge understands the basic case by marking the papers, meets with the client and verifies the details of the case. According to the information provided by Yang Mochao, the written labor contract signed by Yang Mochao was retrieved, and the signed labor contract and bank salary payment records in recent years were applied for, which proved that Yang Mochao had established a labor contract relationship with the transportation company and the average salary of Yang Mochao before the labor contract was terminated. At the same time, the lawyer in charge also collected Yang Mochao's social insurance records from the local social security agency, which confirmed the practice years of Yang Mochao and the fact that the transportation company owed Yang Mochao some social insurance. The lawyer in charge also conducted an investigation on Yang Mochao's colleagues, confirming that the employer unilaterally terminated the labor relationship illegally due to poor management. Combined with the materials of investigation and evidence collection and the facts of the case, the attorney met with Yang Mochao again to determine the demands one by one. * * * Together with the research and determination to apply for labor dispute arbitration, Yang Mochao filed a labor arbitration with Pingshan County Labor and Personnel Dispute Arbitration Committee (hereinafter referred to as the Arbitration Committee), demanding that the transportation company pay Yang Mochao compensation and labor remuneration of 74,233.05 yuan according to law.
The Arbitration Commission accepted Yang Mochao's application according to law and formed a collegiate bench to hear the case. The lawyer in charge grasped the core problem of the illegal termination of the labor contract by the transportation company, which made the transportation company realize its mistakes and finally took the initiative to settle. Yang Mochao reached a settlement with the transportation company and agreed that the transportation company would pay Yang a lump sum of over RMB 26,000. After Yang Mochao received RMB 26,000 from the transportation company, there was no dispute between the two parties. At this point, the labor dispute that caused the illegal termination of the labor contract and damaged the legitimate rights and interests of retired soldiers was successfully resolved with the help of Pingshan County Center and the lawyers' group.
Case review
This case is a typical case of the protection of labor rights and interests of retired military personnel. In this case, Yang signed a written labor contract with the transportation company after retirement, but due to his lack of legal knowledge, he did not fully understand and pay attention to the content and time of the labor contract, text management, social insurance payment, and the dissolution of the labor contract relationship, which led to passive rights protection in the later period. In the case of fruitless negotiation, Yang Mochao applied for legal aid in time and introduced dispute resolution into legal channels. Finally, with the help of the contractor, he assisted in docking and got the compensation he deserved, effectively safeguarding his legitimate rights and interests.
Recommended reason
This case is a typical case of the protection of labor rights and interests of retired military personnel.
Expert evaluation
In the case of fruitless negotiation, the parties to this case applied for legal aid in time and introduced the dispute settlement into legal channels. Finally, with the help of the lawyer in charge, they assisted and docked, got the compensation they deserved and effectively safeguarded their legitimate rights and interests.