Plaintiff Xiong Yan, female, Han nationality,1born in March 1986, lives at No.238, Yiyang Avenue West, Heshan District, Yiyang City, Hunan Province, with the ID number of 43090319860318094x.
Authorized Agent: Gao Yongai, lawyer of Hunan Jiufang Law Firm. The proxy authority is general proxy.
Defendant: Hunan Huisheng Technology Co., Ltd., located in Pioneer Park, Yiyang High-tech Zone.
Legal Representative: Zheng, chairman of the board of directors of this company.
Authorized Agent: Cai Bo, lawyer of Hunan Jiyang Law Firm. Agency authority is a special authorization.
The labor dispute between the plaintiff and the defendant Hunan Huisheng Technology Co., Ltd. (hereinafter referred to as Huisheng Technology Co., Ltd.) was heard in public on March 27, 20 12, with Judge Sima Hui as the presiding judge and Judge and People's Juror Xu as the judge. Xiong Yan, the plaintiff, Gao Yongai, the entrusted agent, and Huisheng Technology Company, the defendant, entrusted the agent to attend the lawsuit. The case has now been closed.
Plaintiff Xiong Yan claimed that Plaintiff Xiong Yan joined defendant Huisheng Technology Company on February 5, 2008. 20111215. The defendant Huisheng Technology Company informed the plaintiff Xiong Yan not to renew the labor contract. The two sides did not sign a labor contract when they joined the company. The defendant Huisheng Technology Co., Ltd. failed to pay the social insurance premium for plaintiff Xiong Yan since June 5438+February 5, 2008; Failing to pay the overtime wages of the plaintiff Xiong Yan from June +0 to 1 October1day in 2065438 until her resignation; Failing to pay the legal remuneration for the annual leave of plaintiff Xiong Yan; Failing to pay unemployment insurance for plaintiff Xiong Yan according to law; Failing to pay the plaintiff Xiong Yan economic compensation according to law. As a result of this dispute, Yiyang Labor Dispute Arbitration Commission made an arbitration award [20 1 1]No. 149, but the award found the facts wrong. Therefore, the court is requested to decide 1, and the defendant Huisheng Technology Company pays the plaintiff Xiong Yan double salary, overtime salary, economic compensation, compensation and unemployment insurance 155739.438+0 yuan; 2. The defendant Huisheng Technology Company supplemented the materials for the plaintiff Xiong Yan from June 5438+February 15, 2008 to June 365438+February 0, 2008.
In order to prove the above facts and claims, the plaintiff Xiong Yan provided the following evidence to our court:
Evidence 1: Huisheng Technology Company document hs-hr- 100404, which proves the signing time and background of the contract.
Evidence two. Labor contract (not stamped). Prove the real time of signing the contract.
Evidence 3. Notice of not renewing the labor contract. Prove the working hours and salary of plaintiff Xiong Yan.
Evidence four. Huisheng technology company file hs-hr- 100900 1. Prove overtime hours.
Evidence 5. Payroll (September 20 10). Prove that plaintiff Xiong Yan didn't get overtime pay and didn't take annual leave.
Evidence 6. Bank self-service terminal customer receipt. Prove that there is no overtime pay and no annual leave for the monthly working days and wages.
Evidence seven. Award of the Municipal Labor Dispute Arbitration Commission. Prove that it has been arbitrated.
Evidence 8. B-ultrasound examination report of Yiyang Maternal and Child Health Hospital, Hunan Province. Prove that you are pregnant and cannot terminate the labor contract.
Evidence nine. Application report submitted by Huisheng Technology to Yiyang Economic Cooperation Bureau. Prove that the official seal of the unit at that time was in Chinese and English.
Evidence X. Yiyang Guanzheng New Seal Co., Ltd. proves that the official seal of Huisheng Technology is lost.
Evidence 1 1. Network system seal certificate. It proves that Yiyang Public Security Bureau allows Yiyang Guanzhengxin Seal Co., Ltd. to be the official seal of Huisheng Technology Production Unit again. The time is after August 7, 2009.
Evidence 12. Announcement of Southern Metropolis Daily on July 28, 2009. Prove that Huisheng Technology applied for chapter change.
Evidence 13. Notice and handover form of the defendant Huisheng Technology Company. It proves that plaintiff Xiong Yan completed the work handover within the time specified by defendant Huisheng Technology Company.
The defendant Huisheng Technology Co., Ltd. argued that the lawsuit filed by 1 with the plaintiff Xiong Yan had passed the labor arbitration, and there was no contract agreement to pay double wages; 2. Xiong Yan, the plaintiff, belongs to the scope of flexible working hours implemented by Huisheng Technology Company; 3. The defendant Huisheng Technology Co., Ltd. is willing to pay the plaintiff Xiong Yan economic compensation, which will be collected by the plaintiff Xiong Yan himself in the future, and there is no compensation problem; 4. Unemployment insurance has been applied for plaintiff Xiong Yan, and the problem of plaintiff Xiong Yan only exists to make up the difference; 5. Social insurance does not belong to the scope of court acceptance.
In order to prove the above facts and claims, the defendant Huisheng Technology Co., Ltd. provided the following evidence to our hospital:
Evidence 1. Labor contract. Prove that the labor contract between the two parties has a time limit and there is no agreement on double wages.
Evidence two. Yiyang Municipal Labor and Social Security Bureau's decision on administrative license. It proves that the working system of plaintiff Xiong Yan is irregular working system.
Evidence three. Notice of Hunan Huisheng Technology Co., Ltd. not to renew the labor contract. It proves that our company has terminated the labor contract with the plaintiff Xiong Yan, and the compensation for the plaintiff Xiong Yan is based on the handover work before 20 1 1 year 1 month 1 month 65438+7.
Evidence 4. Attention. Prove that plaintiff Xiong Yan didn't work as required.
Evidence 5. Spring Festival holiday notice. Prove that annual leave has been arranged.
The defendant Huisheng Technology Company has the following cross-examination opinions on the evidence provided by the plaintiff Xiong Yan:
No objection to the evidence 1, 5, 6 and 7; Evidence 2 is invalid without the defendant's signature; There are objections to the purpose of proof of Evidence 3, which proves that Xiong Yan, the plaintiff, will only get economic compensation if he hands over his works on 20th1117th. The original evidence 4 that has not been checked cannot be used as evidence; Objection to the authenticity, legality and relevance of Evidence 8; Evidence 9, 10, 1 1 and 12 have objections to the purpose of proof, and cannot achieve the purpose of proof of plaintiff Xiong Yan; There is no objection to the authenticity of the evidence 13, but there is objection to its purpose of proof.
Plaintiff Xiong Yan's cross-examination opinions on the evidence provided by defendant Huisheng Technology Company are as follows:
Objection to the legality of evidence 1; Objection to the relevance and legality of Evidence II; There is no objection to the authenticity and relevance of Evidence 3, but the expiration date of the labor contract is 20111215; There is no objection to the legality and authenticity of Evidence 4, but there is objection to its relevance; There is no objection to the authenticity and legality of Evidence 5, but it can't prove that plaintiff Xiong Yan took annual leave.
According to the evidence and cross-examination of plaintiff Xiong Yan and defendant Huisheng Technology Co., Ltd., the comprehensive certificates are as follows:
Plaintiff Xiong Yan and defendant Huisheng Technology Company have no objection to Evidence 1, 5, 6 and 7, which are adopted by our court; Evidence 2 and 3 provided by plaintiff Xiong Yan and evidence 1 3 provided by defendant Huisheng Technology Company reflect each other, so evidence 2 and 3 provided by plaintiff Xiong Yan and evidence 1 3 provided by defendant Huisheng Technology Company are accepted. Evidence 4 provided by plaintiff Xiong Yan and evidence 2 provided by defendant Huisheng Technology Company can reflect each other, proving that some employees of defendant Huisheng Technology Company have implemented flexible working hours since 201010, which was adopted by our hospital. Evidence 8 provided by plaintiff Xiong Yan has nothing to do with this case, and our court will not adopt it; Evidence 9, 10,1,12 and 13 cited by plaintiff Xiong Yan were verified to be true, lawful and relevant by our court, and adopted by our court; The second, fourth and fifth pieces of evidence submitted by the defendant Huisheng Technology Company were verified to be true, lawful and relevant by our court, and our court adopted them.
It was found through trial that Xiong Yan, the plaintiff, applied to work in Huisheng Science and Technology Company from June 5438+February 65438+May 2008 without signing a labor contract. On June 2, 20 10, 10 was appointed as the deputy director of the general manager's office of Huisheng Technology Company, responsible for the company's outreach and project declaration, with an average monthly salary of 4,000 yuan. On June 3rd, 20 10, both parties signed a supplementary labor contract, and the labor term was from June 65438+February 15, 2008 to June1,65438+February 15, 2008. From 20 1 1 1, the defendant Huisheng Technology Company handled social insurance for the plaintiff Xiong Yan. 2011117 The defendant Huisheng Technology Company informed the plaintiff Xiong Yan not to renew the labor contract, and the contract expired. Xiong Yan, the plaintiff, was required to handle the work handover on the same day, and promised to pay the salary of Xiong Yan, the plaintiff, to 201year 65438+February 15. On February 2, 201kloc-0/65438, the plaintiff Xiong Yan went through the handover procedures with the defendant huisheng science and technology company. 20 12, 1 On June 6, 2008, Yiyang Labor Dispute Arbitration Commission made the arbitration awardNo. [20 165 438+0] 149, ruling that the labor relationship between plaintiff Xiong Yan and defendant Huisheng Science and Technology Company was 2065 438. 2. The defendant Huisheng Technology Company paid the plaintiff Xiong Yan the economic compensation for the termination of labor relations 12000 yuan; 3. The defendant Huisheng Technology Company paid the plaintiff Xiong Yan unemployment insurance 2 184 yuan; 4. The defendant Huisheng Technology Company paid the plaintiff Xiong Yan a salary of 6,000 yuan from 20 1 1 day to 201day and1February 5; 5. The defendant Huisheng Technology Company paid the endowment insurance and medical insurance that the plaintiff Xiong Yan should bear to the social insurance agency from June 5438+February 5, 2008 to June 5438+0 1.
It was also found out that on July 20th, 20 10, the defendant Huisheng Technology Company applied to Yiyang Labor and Social Security Bureau for flexibility for the company's senior managers, production workshop managers (engineers, supervisors, technicians, warehouse keepers, clerks, quality controllers), administrative office staff (procurement, finance, marketing, administration, general manager's office), security guards, drivers, and personnel in infrastructure departments. Yiyang Municipal Labor and Social Security Bureau issued the administrative license number. [20 10] 14 according to the application of the defendant huisheng technology company, the senior management, production workshop management, security guards, drivers, infrastructure departments and other personnel of the defendant huisheng technology company are allowed to implement flexible working hours 1 year; Except for the telephone project department, the defendant Huisheng Technology Company implemented the 26-day working day system every month from 20101; The defendant Huisheng Technology Company's Spring Festival holiday time is 14 days paid vacation.
We believe that when the plaintiff Xiong Yan signed the labor contract on June 3, 20 10, she knew that the contract period was from June 65438+February 15, 2008 to June 1 June/0/day and June 65438+February/kloc-0. Plaintiff Xiong Yan worked in defendant Huisheng Technology Company for three years, and took five days off every year. Plaintiff Xiong Yan enjoys paid vacation 14 days in defendant Huisheng Technology Company every Spring Festival. Therefore, our court does not support the plaintiff Xiong Yan's claim to ask the defendant Huisheng Technology Company to pay the annual leave salary.
Although the defendant Huisheng Technology Company included the general manager's office in the Application Form for Employing Units to Implement Flexible Working Hours or Comprehensive Working Hours, its administrative license number [20 10] 14 made by Yiyang Labor and Social Security Bureau did not include the general manager's office in the scope of flexible working hours. The defendant Huisheng Technology Company has no evidence to prove that the deputy director of the general manager's office where the plaintiff Xiong Yan works is a senior manager of the company. Therefore, the defendant Huisheng Technology Co., Ltd. argued that the plaintiff Xiong Yan was a person who practiced flexible working hours, and this defense reason was not accepted by our court. After the original and defendant's labor contracts expired, defendant Sheng Hui Science and Technology Co., Ltd. would not renew the labor contract with plaintiff Xiong Yan, and defendant Sheng Hui Science and Technology Company should pay plaintiff Xiong Yan 20101017 (400026× 54× 20) for overtime work. According to the Labor Contract Law of People's Republic of China (PRC), the defendant Huisheng Technology Co., Ltd. should pay the plaintiff Xiong Yan economic compensation (4000×3= 12000).
According to Article 15 of the Measures for Applying for and Paying Unemployment Insurance in Hunan Province, plaintiff Xiong Yan could not enjoy unemployment insurance benefits because defendant Huisheng Technology Company stopped paying unemployment insurance premium for plaintiff Xiong Yan. The contents of the arbitration awardNo. 149 [20 165438] of Yiyang Labor Dispute Arbitration Commission are clear, and we support it. The defendant Huisheng Technology Co., Ltd. should pay other social insurance for the plaintiff Xiong Yan, but the dispute caused by the employer's non-payment or refusal to pay social insurance premiums does not belong to the scope of the people's court to hear labor dispute cases, and our court will not hear it. The defendant Huisheng Technology Co., Ltd. shall pay the plaintiff Xiong Yan a salary of 6,000 yuan (1.01.01.01.01.0/. Accordingly, according to the second paragraph of Article 44 of People's Republic of China (PRC) Labor Law, Article 1 of Interpretation III of People's Republic of China (PRC) Labor Law, Paragraph 1 of Article 44 of People's Republic of China (PRC) Labor Contract Law, Paragraph 5 of Article 46, Paragraph 1 of Article 47, and Unemployment Insurance of Hunan Province,
1. The labor relationship between plaintiff Xiong Yan and defendant Hunan Huisheng Technology Co., Ltd. was terminated on 2011215;
2. The defendant Hunan Huisheng Technology Co., Ltd. paid the plaintiff Xiong Yan a salary of 6,000 yuan from 20th to 20th111and15th in February;
3. The defendant Hunan Huisheng Technology Co., Ltd. paid the plaintiff Xiong Yan overtime pay 166 15.38 yuan;
4. The defendant Hunan Huisheng Technology Co., Ltd. paid the plaintiff Xiong Yan economic compensation of 12000 yuan;
Verb (abbreviation of verb) Defendant Hunan Huisheng Technology Co., Ltd. paid plaintiff Xiong Yan unemployment insurance 2 184 yuan.
The above * * * is RMB 36,799.38, and the defendant Hunan Huisheng Technology Co., Ltd. is limited to pay the plaintiff Xiong Yan within ten days after this judgment comes into effect.
If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 229 of the Civil Procedure Law of People's Republic of China (PRC).
The acceptance fee of this case is 65,438 yuan, which shall be borne by the defendant Hunan Huisheng Technology Co., Ltd. ..
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to Yiyang Intermediate People's Court.
Presiding judge Si Mahui
Judge Chen Jing.
People's juror Xu
20 12 May 30th
Clerk Luo Longhui
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.