The Man Worked For 9 Years, And The Prosecution Unit Lost 5.8 Yuan A Day.

Because the plaintiff failed to provide effective evidence for overtime work, the court sentenced the unit to compensate him for more than 5.8 yuan.

This year's national tourism and leisure Program says that the Chinese public holidays are 115 days a year, but Mr. Yang in Gongyi has worked in a company for 9 years and has never enjoyed holidays and rest days.

He sued the court and ordered the employer to pay more than 23.4 yuan. Yesterday, after hearing the court, he sentenced the employing unit to compensate Mr. Yang for 5.8 yuan.

The court's economic compensation mainly includes

1. Salary and high temperature allowance during internship:

5 months high temperature allowance 1500 yuan and half year internship salary 3780 yuan.

2. Economic compensation for the termination of labor contracts:

9.5 months salary =9.5 * 2530=24035 yuan.

3. Overtime pay for rest days and holidays:

2 years, a total of 29 thousand yuan.

Total: 5.8 yuan.

Event

After 4 years of work, there is no social insurance.

Mr. Yang, 30, signed a labor contract with a Aluminum Inc in Henan in February 2003 for a period of 10 years. The two sides agreed that Mr. Yang's probation period was 12 months, and the monthly salary during the probation period was 300 yuan. After signing the contract, Mr. Yang contracted to the Aluminum Inc for high-temperature melting according to the contract.

In July 2007, when Aluminum Inc was restructured into an aluminum industry Limited by Share Ltd, the company began to handle the procedures of pension, unemployment and work-related injury for Mr. Yang. "I haven't had any social insurance in the past 4 years," Mr. Yang said.

The company has been restructured, but Mr. Yang has not changed his working style. He still works 8 hours a day, three days a day, no holidays and no holidays according to the arrangement of the employer.

In February 2012, Mr. Yang had worked in the Aluminum Inc for 9 years, 1 years from the expiration of the contract. At this time, he began to ask the personnel department of Aluminum Inc about compensation, but he did not expect to be flatly rejected. After many consultations fruitless, Mr. Yang left his work unit for 9 years without leaving office.

　 investigation

The probationary period is 12 months, and the labor requirement is 1 times.

In May 2012, Mr. Yang filed a labor dispute arbitration to the Gongyi Labor Arbitration Commission, but the request was rejected. Mr. Yang sued the Gongyi municipal court. The court found that Mr. Yang's average monthly salary in the 9 months before leaving was 2530 yuan.

A judge of Liu's court in Gongyi city told reporters: "the labor law stipulates that the maximum probation period stipulated in the labor contract shall not exceed 6 months; however, the probation period stipulated by Mr. Yang and the Aluminum Inc" labor contract "is 12 months, and the probation period is 1 times overdue.

In addition, judge Liu also said that the labor law stipulates that employers should ensure that workers have at least 1 days off a week. However, the Aluminum Inc did not pay for the overtime pay of Mr. Yang's rest days and holidays. He did not pay the high temperature allowance in accordance with the law. He did not pay social insurance for Mr. Yang in the first 4 years of his work.

Sentence

Economic compensation totaled 58 thousand yuan.

Yesterday, the court concluded the labor contract dispute. About 58 thousand yuan of economic compensation for Mr. Yang, mainly around the lifting of labor contract economic compensation, rest day, holiday overtime pay and high temperature allowance, internship period (probation period) wages three parts.

As for the economic compensation, according to the labor contract law, the court decided that the defendant should pay the economic compensation for the plaintiff to rescind the labor contract according to law, and the amount of the economic compensation should be calculated by 9.5 months' salary, which is 2.4 yuan.

At the same time, the Aluminum Inc was sentenced to pay over 2.9 years' rest days and 2 days' overtime wages for legal holidays. In addition, the court decided to pay 5 months' high temperature allowance of 1500 yuan and half a year's internship salary of 3780 yuan. With regard to the loss of social co ordinate insurance, the court held that the claim was not within the scope of acceptance and therefore was not supported.

Reporters noted that the court decided that Aluminum Inc paid the rest day and the statutory holiday overtime pay, only 2 years, rather than 9 years proposed by Mr. Yang. In response, the court explained that Mr. Yang failed to provide effective evidence for 9 years of overtime work. According to the Provisional Regulations on wage payment formulated by the Ministry of labor, "the employer must record in writing the amount, time, the name and signature of the worker, and keep it for more than two years". Since the Aluminum Inc failed to provide effective evidence, the court sentenced the defendant to two years' compensation.