Labor dispute arbitration application

Applicant: xxx, male, Han nationality, xxxx year x xx daily, ID number xxxxxxx, live in Tangshan xxxxxxxx, telephone xxxxxxx

Respondent: Hebei xxxxxxxx Co., Ltd.

Address: Tangshan City xxxxxxx

Legal representative: xxx phone: xxxxxxx

Application request

1. Request your committee to decide that the respondent will pay the applicant seven months of financial compensation and compensation;

2. Ask your committee to decide that the respondent will pay the applicant's nine-month medical subsidy;

3. Ask your committee to decide that the respondent will pay the applicant's double salary of 12 months without a fixed-term labor contract;

4. Ask your committee to decide that the respondent will pay the applicant three and a half months' salary;

5. Ask your committee to decide that the respondent will pay social insurance for the applicant and go through relevant formalities;

6. Ask your committee to decide that the respondent will bear the medical expenses of the applicant.

Facts and reasons

In September XX, the applicant went to work at the respondent and served as an external engineer. The monthly salary was 3,950 yuan. On September 18, 2019, the applicant was hospitalized for cerebral hemorrhage; on October 18, 2019, the applicant was discharged from the hospital to continue treatment. Due to the serious illness of the applicant, the respondent unilaterally lifted the labor contract with the applicant. During the existence of the labor relationship, the respondent never signed a formal labor contract with the applicant, nor did it pay the applicant social insurance, so it should bear various responsibilities.

First, the applicant has worked in the respondent for more than three years. According to the provisions of the first paragraph of Article 47 of the Labor Contract Law, the respondent should pay the applicant three and a half months of salary as economic compensation. At the same time, the respondent's violation of the Labor Contract Law shall not release the legal provisions of the labor contract within the prescribed medical period, and shall be in accordance with Article 87 of the Labor Contract Law and the 25th Regulation of the Labor Contract Law. It is required to pay compensation to the applicant. In summary, a total of seven months.

Second, the applicant may not be engaged in the original work because of the serious illness, nor can he engage in other work arranged separately by the respondent. According to the provisions of Article 6 of the Economic Compensation Measures for Violation and Cancellation of Labor Contracts, the respondent should Pay the applicant nine months' salary as Medicaid.

Third, the Labor Contract Law stipulates that the employer must sign a written labor contract with the employee, but the respondent has not signed a written labor contract with the applicant for more than one year, according to Article 14 of the Labor Contract Law. In the third paragraph of Article 7 of the Regulations for the Implementation of the Labor Contract Law, the respondent and the applicant have entered into a labor contract without a fixed term and shall be established in writing. However, the respondent has not signed a labor contract with the applicant for a fixed period of time. According to the provisions of Article 82, paragraph 2 of the Labor Contract Law, the respondent should pay double the salary to the application.

Fourth, according to the provisions of Article 42 of the Labor Contract Law, if the employee is sick during the prescribed medical treatment period, the employer may not terminate the labor contract, and the “Regulations for Medical Staff for Disease or Non-work-related Injury” Article 3 stipulates that the medical period of five years or less in the life of the unit is three months. Because the applicant was hospitalized on September 18, 2019, the labor relationship between the respondent and the applicant could not be lifted after December 18, 2019, but the respondent only paid the salary before September 2019. The remaining wages should be paid to the applicant. At the same time, according to the provisions of Article 40 of the Labor Contract Law, the respondent shall perform the obligation of written notice 30 days in advance, and therefore shall pay an additional month's salary in accordance with the provisions of this Article. In summary, a total of three and a half months.

Fifth, according to the relevant laws and regulations of the state, the employer shall pay social insurance for each worker, but the respondent has never paid any social insurance to the applicant, so it should be paid for the applicant.

Sixth, the "Decision of the State Council on Establishing a Basic Medical Insurance System for Urban Employees" and other regulations, all employers in urban areas and their employees must participate in basic medical insurance. However, the respondent never paid medical insurance to the applicant, which resulted in the applicant not being able to enjoy the relevant medical insurance benefits. In view of the significant fault of the respondent, it should bear this part of the cost.

In summary, the respondent has seriously violated the lawful rights and interests of the application and should bear the corresponding legal responsibilities. Please ask your committee to make a ruling in accordance with the law, support the applicant's petition, and protect the legitimate rights and interests of the applicant.

Sincerely

Tangshan Xxxx Labor Dispute Arbitration Commission

applicant:

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