Labor dispute complaint

Labor dispute complaint

The claimant: xx County People's Government xx Street Office legal representative: xx, the office director was complained: xx, female, born on July 15, 19xx, the former xx County Motor Factory employees, now living in xx County xx Office xx Village Number xx.
Regarding the case of the respondent xx v. xx County People's Government xx Street Office Labor Dispute, the complainant xx County People's Government xx Street Office refused to accept the xx Famin Shenzi No. 01652-1 Civil Arbitration, in accordance with relevant laws and regulations And the facts, the appeal is as follows:
First, the request matter:
1. Dismiss the lawsuit request for the reapply application of the plaintiff xx according to law.
2. Request the Supreme People's Court to revoke the "Civil Ruling Book" of xx Famin's Shen Zi No. 01652-1 according to law, and maintain the civil ruling of No. 324 of the People's Republic of China.
3. The litigation costs of this case shall be borne by the plaintiff xx.
Second, the facts and reasons:
The "Civil Ruling Book" of No. 324 in the People's Republic of China, that is, the facts of the original first and second trials are clear, and the applicable law is correct and should be maintained. Due to the XX Provincial High Court xx Fa Min Chu Zi No. 01652-1 "Civil Ruling" and the Provincial High Court's guidance letter on the xx labor dispute case, the xx County People's Court made another Ximinchu on February 1, 2019. Word No. 1003 "Civil Judgment", Judgment xx Office in accordance with state regulations as "the plaintiff xx declares to complete the retirement procedures, pay the basic pension insurance and medical insurance" and "reissue xx from the retirement age to the retirement procedures "Retirement wages", these violations of facts and laws must arouse strong social repercussions and affect the political overall situation of harmony and stability. We believe that the ruling of the xx provincial high court is contrary to the facts and laws, and does not understand the situation at the grassroots level, and has made guidance on one side. On the other hand, the misunderstanding of the provincial high court is that the government works well and the individual households are difficult. Only then did the problem be given to our grassroots government, but they did not consider the social effects. Dealing with any problem should be based on the law and on the basis of facts, and cannot be abandoned by history and reality. Xx's retirement and insurance problems have led to litigation. First, she does not constitute a labor relationship with the xx government; second, because the policy before 2019 is not allowed; third, she did not participate in the pension insurance co-ordination, and the past labor and social insurance departments could not give She handles it. And the original xx town government, the current xx street office does not have any responsibility,
The xx county office of xx County and the plaintiff xx do not constitute a labor relationship.
First of all, xx is a motor factory employee, whether it is a personnel relationship or a salary relationship in the motor factory, not in the original xx county xx town. At the same time, the motor factory is an independent enterprise legal person, and should bear civil liability independently according to the relevant provisions of the General Principles of the Civil Law of the People's Republic of China.
Secondly, the xx County xx Street Office is an administrative agency. It is an independent legal entity. People, finances and materials are managed by the government, especially the staff establishment. They are all formulated according to the file regulations of the county party committee and the county government. No more than one person, no one less, and xx is not in the staffing of the town government. It is not a member of the town government. How can the town government handle or reissue her retirement procedures and reissue her? And subsidies. In particular, since the reform of township institutions, their personnel have been assigned posts. She is not in the post, and she is not in the editorial. The three do not form a labor relationship with the town government. Therefore, the government cannot handle retirement procedures and reissue wages for her. The precondition for retiring treatment is that the employer must form a labor relationship with the employee, and xx does not have a labor relationship with the government, and the government cannot handle the retirement procedure and reissue the salary for her.
The original xx town people's government has already assumed corresponding civil liability to the respondent xx, which does not mean that it constitutes a labor relationship. Therefore, it does not undertake the xx claim.
In XX, Xilao's No. 5 "Attachment", Ximinchuzi No. 112 "Civil Judgment", and XXxx Intermediate People's Court in the People's Court No. 259 "Judgement" judged the original xx town government compensation xx total expenses 53067.63 yuan, and terminate the work injury insurance relationship. This is entirely compensation for xx disability from the perspective of civil compensation. This kind of compensation does not mean that the original town government formed a labor relationship with xx. This kind of compensation is a description of the civil liability that the original town government should bear when dealing with the creditor's rights and debts of the original cable material factory, and the labor relationship and labor insurance benefits of xx are not responsible, let alone bear the debts and debts of the factory. Responsible for resolving the pension insurance benefits of employees. In this way, it is to confuse the legal relationship between creditor's rights and debts and labor relations and labor insurance benefits.

"3"

Why did the town government assume the knives for work-related injuries at the time? In fact, the town government only assumed the responsibility for liquidation, and it should not be responsible for her work-related injuries. According to the law, after the enterprise is written off, the competent department shall set up a liquidation organization. After the establishment of the liquidation organization, the creditor shall declare the creditor's rights. If the claimant fails to declare the creditor's rights within the prescribed time limit, it shall be deemed to have given up. The town government does not assume the responsibility of the employee's labor insurance. It is even more difficult to pass this responsibility on the town government and treat it differently.
In fact, the resident civic 259 "Civil Judgment" is a wrong judgment, xx and xx town government does not have any labor relations, xx town government should not compensate for his disability losses, xx and xx county motor factory constitute labor relations , xx County Motor Factory is an independent corporate legal person, xx County Motor Factory should bear xx the liability for work injury insurance and xx for retirement, insurance and other responsibilities.

The labor relationship of xx was originally in the motor factory. Later, in order to take care of his work injury, he transferred to the cable material factory for accounting duties, and then was arranged to return to the motor factory. Her labor relationship was always in the motor factory, and the original enterprise should handle it for her. Retirement procedures.
According to the Ministry of Labor, No. 285, "Reply from the Ministry of Labor on the question of how to confirm the respondent's labor dispute caused by the bankruptcy of the business sector or the self-dissolution of the employee's wages." A labor dispute occurred in the cable material factory, and the xx street office could not be classified as a labor dispute defendant. Article 33 of the Regulations on the Registration and Administration of Legal Persons of State-Owned Enterprises of the People's Republic of China states: “A corporate legal person shall be revoked the Business License of an Enterprise Legal Person, and the registration authority shall collect its official seal and inform its bank of deposits of its cancellation. Its creditor's rights and debts are cleared by the competent department or clearing organization." Article 59 of the Supreme People's Court's Opinions on the Implementation of the General Principles of the Civil Law of the People's Republic of China stipulates that “when an enterprise legal person is dissolved or revoked, its competent authority shall organize the liquidation team to conduct liquidation.” The Supreme People's Court After the enterprise opened by the enterprise is revoked or closed down, the "Civil Liability Acceptance Issues" stipulates that "the enterprise opened by the enterprise shall be revoked, closed down or in accordance with the provisions of Article 22 of the Regulations on the Administration of the Registration of State-Owned Enterprises of the People's Republic of China" After the business is closed, its debt problem should be dealt with separately according to the following different situations: the enterprise started by the enterprise, and the enterprise business license of the enterprise legal person, and in fact the enterprise legal person's conditions, should bear the civil liability with its business management or all the property. ...". Xx Street Office and xx do not constitute a labor relationship, xx town government, the current xx office can not handle retire insurance and other related procedures, and does not undertake xx retirement, insurance and other responsibilities.
According to the law, xx sub-district offices cannot apply for retirement procedures for xx, and they are not allowed to apply for insurance procedures and paying pension insurance, etc. xx Street Office does not assume all responsibility arising therefrom.
Xx proposes that work-related injuries and retirement are two different things. According to laws and regulations, we also believe that compensation for work-related injuries and retirement are two different things. They are different concepts. According to the Ministry of Labor's "Trial Measures for Workers' Work-related Injury Insurance", hereinafter referred to as "Measures", second Article 14 "Employees who have been identified as work-related disability are identified as grades 5 to 10. In principle, enterprises shall arrange appropriate work and enjoy the following treatment: one-time disability subsidy shall be paid according to the level of disability. Six months, six levels and fourteen months.... If the degree of disability is rated as five or six and the company is difficult to arrange work, it will be paid monthly to a disability pension equivalent to 70% of the salary of the person... ...", in July XX, xx was identified as a six-level disability by the xx County Labor Appraisal Committee. In the case that it is difficult for the enterprise to arrange work, it shall be paid monthly to the salary equivalent to 70% of the salary of the person. Until retirement age, you can go through retirement after you reach the retirement age. In handling this labor dispute, the xx County Labor Dispute Arbitration Commission applied the Article 27 of the Measures: “Employees who receive disability pensions and survivors of workers who died as a result of work-related injuries. If they voluntarily receive treatment at one time, they may The relevant treatment and the termination of the work-related injury insurance relationship shall be stipulated by the labor administrative departments of the provinces, autonomous regions and municipalities directly under the Central Government.” The xx County Labor Dispute Arbitration Commission is based on the above provisions and Article 58 of the Measures and xx Labor Insurance No. 2 Article 3, paragraph 5, of the first paragraph, after 12 years and 6 months of a one-off standard for the receipt of disability pension, and the final judgment of the Intermediate People's Court in the city. Xx voluntarily received a disposable disability pension and a prosthetic installation fee of 53067.00 from xx town on August 1, XX, and terminated the insurance relationship.
On the issue of xx retiring and insurance, xx made a logical mistake, that is, blindly trace the responsibility of xx town, instead of actively working hard according to the policy channels of labor and personnel protection, until today, still requires xx town To declare the procedures, compensation fees, replacement fees and subsidies for her, even she has already calculated, and how much time is spent. No matter what the situation, you have not retired, how to calculate the retirement fee, reissue the pension from a certain month to a certain month, reissue the basic pension insurance and adjust the amount.
Xiren Lao No.27 file, "Report on the investigation and handling of the requirements of xx, xx, etc. required to join the social security in the original motor factory of xx office" has clearly put forward three points of investigation and handling opinions:
1. The original motor factory was restructured into a joint-stock enterprise in March 1998. Due to various reasons such as poor management, the factory and land were sold in April XX. There was no legal bankruptcy declared at the legal level, and there was no bankruptcy under the Labor Law. Relevant regulations of the enterprise.
2. After the original motor factory was restructured into a joint-stock enterprise, six employees participated in the basic endowment insurance for enterprise employees. Xx Government Office [XX] No. 89 was issued in October XX. The focus is on conducting a general survey on the payment of endowment insurance premiums for units with normal production and management capabilities, and urging the units to handle the participation of employees who do not participate in the endowment insurance. In the formalities of the insurance, the underreported personnel of the original insured unit should include it in the scope of basic endowment insurance. The original motor factory belongs to the township and township closed enterprises, and is not within the scope of the census. It does not belong to the scope of execution of the XX Political Office [XX] No. 89 file.
3. According to xx Zheng [XX] No. 29 file “Urban collective enterprises that have not participated in basic endowment insurance and have been suspended for many years are no longer included in the basic endowment insurance of enterprises, and their retirees are directly included in the minimum living allowance for urban residents, and enjoyment according to regulations. The minimum living insurance benefits; employees who have the willingness to participate in the insurance can participate in the basic endowment insurance of the enterprise according to the participation method of the flexible employment personnel. It is recommended that the employees of the collective enterprise who have the desire to participate in the insurance can participate in the basic pension of the employees of the enterprise. Insurance.
Xx After the cancellation of the debts in XX County Cable Materials Factory in XX, the interval was not long enough to apply to the labor department for retiring procedures, but to trace the responsibilities of the xx office. Therefore, she delayed the time for her retirement procedures. Again, xx did not participate in the social insurance co-ordination. In the past, the relevant files were not issued. According to the regulations of Guofa No.8 and Xzheng No.50, it is impossible to handle various insurance relationships. The province and the city have new file regulations, and her problems should be handled by the social labor department in accordance with the policies stipulated in the archives.
In summary, xx street office and xx do not constitute a labor relationship, and can not declare retire procedures for xx, reissue retirement fees and subsidies, and can not apply for social pension insurance procedures for xx, and do not undertake the declaration and settlement procedures. For the social insurance expenses that are not paid, there is no such problem as the basic medical expenses and the proportion of the basic old-age insurance premiums. Therefore, the xx sub-district office does not assume the responsibilities of applying for the xx application. Please ask your hospital to find out the facts, revoke the "Civil Ruling Book" of xx Famin's Application No. 01652-1, and maintain the Civil Judgment Letter No. 324 of the Resident's Three Final Words. Dismissed xx's claim, the litigation costs of this case were borne by the respondent to protect the rights and interests of our office from infringement and maintain the dignity of the law.
The Supreme People's Court

Xx County xx County People's Government xx Street Office June 10, 2010