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时间:2018-09-09 16:10来源:未知 作者:admin 点击:
上班7年上错公司是怎么回事?上班7年上错公司真相曝光!楚天都市报9月8日讯 汉口一位单亲妈妈陈女士,在一家影楼上班7年,当她通过法院向影楼索要社保补贴时, What happened to the wro
上班7年上错公司是怎么回事?上班7年上错公司真相曝光!楚天都市报9月8日讯 汉口一位单亲妈妈陈女士,在一家影楼上班7年,当她通过法院向影楼索要社保补贴时,
 
What happened to the wrong company after seven years at work? The truth of the wrong company after seven years at work came to light! A single mother of Chutian Metropolitan Daily, Ms. Chen, who worked in a studio for seven years, demanded social security subsidy from the studio through the court.
 
 
 
才发现自己没有到合同中的影楼上班,而是到同一院内的另一家影楼上班。昨日,来自江岸区法律援助中心的消息说,陈女士并未上错班,而是影楼“玩巧”,公益律师最终为她讨回了公道。
 
Only to find that he did not work in the studio of the contract, but to work in another studio in the same hospital. Yesterday, a source from the Jiangan District Legal Aid Center said that Ms. Chen did not go to the wrong job, but the studio "clever", public welfare lawyers eventually for her justice.
 
 
 
42岁的陈女士是一个单亲母亲,11年前离婚后,就独自带着儿子生活,每月3000元的工资除了要个人缴纳社会保险费用外,还要负担儿子的生活、上学、
 
Ms. Chen, 42, a single mother, lived alone with her son after her divorce 11 years ago. Her monthly salary of 3,000 yuan is not only for social insurance, but also for her son's life and school.
 
 
 
培优等费用。随着儿子渐渐长大,陈女士的经济压力越来越大,每个月800元的社保费让她已经无法承受了。
 
And so on. As her son grew older, Ms. Chen's financial pressure grew stronger and stronger, and the 800 yuan a month social security premium made her unbearable.
 
 
 
2017年3月,陈女士向工作了七年的影楼A公司提出,希望A公司为其缴纳社会保险,然而得到的答复却是“工资中已经含有500元的社保补贴”。
 
In March 2017, Ms. Chen told the studio A company she had been working for seven years that she hoped A would pay for social insurance. However, the answer she received was "the salary already contains 500 yuan of social security subsidy".
 
 
 
陈女士咨询律师后了解到,A公司的这种做法是违法的,严重侵害了其合法权益,她可以以公司没有缴纳社保为由提出离职,并且要求公司给予经济补偿金。
 
After consulting her lawyer, Ms. Chen learned that company A's practice was illegal and seriously infringed on its legitimate rights and interests. She could leave her job on the grounds that the company did not pay social security, and asked the company to pay financial compensation.
 
 
 
当年5月,陈女士书面辞职之后,向武汉市江岸区法律援助中心提出法律援助申请,湖北金卫律师事务所曹红玲律师受指派免费承办此案。
 
In May of that year, after Ms. Chen resigned in writing, she applied to Wuhan Jiangan District Legal Aid Center for legal aid. Lawyer Cao Hongling of Hubei Jinwei Law Firm was appointed to undertake the case for free.
 
 
 
曹律师找到陈女士,希望她提供能证明劳动关系的证据。陈女士表示,自己手上并没有劳动合同,因为每次在合同上签名之后,影楼都会把合同收走
 
Cao found Ms. Chen, hoping that she would provide proof of labour relations. Ms. Chen said she did not have a labor contract because every time she signed the contract, the studio would take it away.
 
 
 
,自己只有离职申请表和发工资的银行明细。但离职申请表上没有公司公章、工资转账银行明细上也没有显示公司名称,也就是说陈女士并没有能直接证明劳动关系的证据材料。
 
They only have the resignation application form and the bank details of the payroll. But there is no company seal on the application form, and no company name on the details of the payroll transfer bank. That is to say, Ms. Chen has no evidence to prove the labor relationship directly.
 
 
 
陈女士找到银行,重新打印出带有工资支付单位名称的明细单。曹律师代理陈女士申请了劳动仲裁,主张社会保险损失赔偿、解除劳动关系的经济补偿金。
 
Ms. Chen found the bank and reprinted the detailed list with the name of the wage payment unit. Lawyer Cao applied for labor arbitration on behalf of Ms. Chen, claiming compensation for social insurance losses and economic compensation for the dissolution of labor relations.
 
 
 
当陈女士觉得胜券在握时,庭审中却出现了意外。影楼A公司出示了一份陈女士亲笔签名,且盖有影楼B公司公章的劳动合同。
 
When Ms. Chen felt that the victory was in hand, there was an accident in the trial. The studio A produced a labor contract signed by Ms. Chen and signed with the official seal of the studio B company.
 
 
 
难道上了7年的班,竟然上错了公司?陈女士也疑惑不解,每次签合同时只在签名处签名,根本就没有留意过公司名称,而且影楼A公司的大门上也确实挂着影楼B公司的牌子,难道自己真的告错了?
 
Did it take 7 years to go to the wrong company? Ms. Chen is also puzzled, each time when signing a contract only in the signature office signature, did not pay attention to the name of the company, and studio A company does hang on the door of studio B company signs, is it really wrong?
 
 
 
曹律师告诉记者,假如陈女士真的是与影楼B公司有劳动关系,那么不仅所有的法律程序得重来一遍,而且还可能被认定为旷工,甚至社保补贴、经济补偿金的诉求也无法得到支持。
 
Lawyer Cao told reporters that if Ms. Chen really had labor relations with studio B, not only would all the legal procedures have to be repeated, but it might also be considered absenteeism, and even the appeal for social security subsidy and economic compensation could not be supported.
 
 
 
曹律师让陈女士不要慌张,她以银行转账工资明细为证,证明陈某的工资由影楼A公司发放。同时,曹律师仔细核对营业执照,发现两个影楼公司的经营地址、
 
Lawyer Cao asked Ms. Chen not to panic, she took the bank transfer wage details as evidence, to prove that Chen's salary by the studio A company. Meanwhile, Cao lawyer carefully checked the business license and found the business address of the two studio companies.
 
 
 
经营范围完全相同,并且经核查证实,两个公司分别由一对同胞兄弟所开,虽然是两个公司,但却共用一套人事和财务人员。
 
The business scope is exactly the same, and verification has confirmed that the two companies are run by a pair of siblings, although they are two companies, but share a set of personnel and financial personnel.
 
 
 
这些证据,完全推翻了影楼A公司的说词。10天后,劳动仲裁委员会支持了陈女士的诉讼请求。影楼A公司不服仲裁裁决,向江岸区人民法院起诉。去年底,一审维持了仲裁的裁决结果。
 
These evidence completely overturned the words of A. 10 days later, the labor arbitration committee supported Ms. Chen's claim. A, a photo studio, sued the people's Court of Jiang'an District for failing to accept the arbitration award. At the end of last year, the ruling of arbitration was maintained by the first instance.
 
 
 
今年初,影楼A公司仍然不服,又上诉至武汉中级法院。
 
At the beginning of this year, studio A still refused to accept the appeal and appealed to the Wuhan intermediate court.
 
 
 
官司打到这个份上,影楼A公司的总经理毕某(化姓)这才得知这一官司。他主动找到法官,表示此事是影楼人事部门负责人“玩巧”所致,并非影楼真实意图,愿意按一审判决结果赔偿陈女士。
 
After the lawsuit was reached, the general manager of A studio, Bibi (surnamed Xing), was informed of the lawsuit. He took the initiative to find a judge, saying that the matter is the studio personnel department responsible for "clever" caused, not the studio's real intentions, willing to compensate Ms. Chen according to the results of the first trial decision.
 
 
 
今日,陈女士告诉记者,经过调解,影楼A公司支付了她社保赔偿金、经济补偿金等共计5.6万元。
 
Today, Ms. Chen told reporters, after mediation, studio A company paid her social security compensation, economic compensation, a total of 56,000 yuan.
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