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It Is Not Labour Relations To Help People Replace Classes And Employers.

2016/12/27 22:47:00 16

Substitute ClassCalculate Labor Relations With Employers.

Recently, Ms. sun went to the Lianyun District Labor surveillance brigade of Lianyungang, reflecting that she worked in the sanitation department in April 2016, but did not sign a labor contract.

double time

Working for others, thinking that they have labor relations with employers, is there a legal basis for such a thing? Recently, Ms. sun went to the labor surveillance brigade of Lianyun District, Lianyungang, which reflected that she worked in the sanitation office in April 2016, but did not sign a labor contract.

Miss sun's problem is reflected in the investigation by the labor inspection team of Lianyun District. Sun Wei, who is known as sanitation worker, is not their employee. Ms. sun's work is only contracted by Ms. Zhang, the worker of the unit.

It turned out that Ms. Zhang was a worker in the environmental sanitation department, earning 1900 yuan a month.

Since April this year, Ms. Zhang has found a more expensive cleaning job. She asked MS sun to help herself to take charge of the hygiene of the sections, and to give Ms. sun 1700 yuan a month's salary.

Ms. sun believes that health cleaning is not as strict as other work attendance systems. It only needs to meet the prescribed time limit and do well in the hygiene of the prescribed sections.

Then, does Ms. sun and the environmental sanitation department exist?

Labor relations

Should the sanitation department pay double wages for Ms. sun who failed to sign the contract?

Lianyun District labor monitoring team related person said, according to

Labor Law

The relevant provisions of laws and regulations, the establishment of labor relations has some elements: employers and workers should comply with the laws and regulations of the main body qualifications, labor provided by the employer is part of the business unit, the employer's labor laws and regulations formulated in accordance with the law applicable to the labourers, the employer's labor management, engaging in remuneration work arranged by the employer.

Ms. sun's actual situation is that she is only responsible for the hygiene of the fixed sections, and is not subject to the arrangement and management system of the environmental sanitation department. Although the work is a part of the unit's business, the salary has always been received by Ms. Zhang, and it is not the unit assignment, nor the recruitment, and the salary and welfare benefits of the employer.

After the detailed explanation of the staff of the Labor Supervision Brigade, Ms. sun expressed her understanding.

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Three years are approaching, the medical insurance payment for the urban residents, the pension for flexible employees, the payment of medical insurance and the social security allowance for those who have difficulty in obtaining employment.

Medical insurance payment for urban residents: in December 31st, the payment of basic medical insurance for urban residents in Xi'an will be closed in 2017.

The residents who miss the payment time will not only pay the personal payment part (180 yuan for adults, 90 yuan for children), but also make up the financial subsidy part (440 yuan).

Flexible employment, pension insurance, medical insurance payment: social security relations in the talent center or job placement center of the flexible employment of personnel, must be before December 31, 2016, to pay the 2016 pension insurance and 2017 medical insurance premium.

If the archives are managed by the Xi'an vocational and Technical Bureau's center, they can pay their own identity cards to the Bank of Xi'an or the business outlets of the Construction Bank.

When paying, please choose a payment method to avoid duplication.

If files are trustees in other institutions, please pay them to the trustee agencies as soon as possible.

If payment is not made in time, the endowment insurance can not be paid, and the treatment of medical insurance will be affected.

Social security allowance for those who have difficulty in obtaining employment: people who apply for social security subsidies at the Xi'an vocational and Technical Bureau's center will also receive subsidies gradually.

Those who apply for social security subsidies in other institutions, please refer to the notification of the reporting body, or consult the reporting agencies directly.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.


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