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The trial took place in the village committee.
He did not sign a written employment contract and had been on the job for more than a month, the man accidentally received an electric shock during his work and suffered a fall, causing a labor dispute with the company. On the morning of December 8, the Second Civil Division of the Bobai County Court organized the trial of the labor dispute in the Chengdong Village Committee of Bobai City, Bobai County.
High altitude work and electric shock
Man sues hiring company
On September 18, 2019, Pang Hua (pseudonym) went to a company to request monitoring and installation work. He agreed to have a monthly salary of 2,500 yuan. The two parties did not sign a written contract. On October 20, 2019, Pang Hua accidentally received an electric shock and fell to the ground while monitoring a unit at high altitude. He was sent to the hospital for rescue. In order to try the treatment, his family gave their all and a lot of money was spent on this. As a result, Pang Hua and his family submitted a labor arbitration application for labor arbitration, requesting the company to pay Pang Hua a total of 52,500 yuan double the payment for the suspension period during treatment due to lack of signing of the employment contract.
The result of the arbitration award issued by the arbitration unit is: it is confirmed that Pang Hua has an employment relationship with the company; the company will not pay double Pang Hua’s salary during the suspension period during the post-injury treatment period. Pang Hua and his family refused to accept the ruling and filed a lawsuit with the Bobai County Court.
Labor relations turn into disputes
The two parties do not agree
During the trial, the plaintiff Pang Hua considered that the company did not sign an employment contract with him. According to article 10 of the Labor Contract Law: “To establish an employment relationship, a written employment contract must be concluded. The employment relationship has been established, but a written employment contract has not been concluded at the same time. , A written employment contract will be concluded within one month from the date of employment. If the employer and the employee enter into an employment contract before employment, the employment relationship will be established from the date of employment. “Article 82 stipulates:” The employer employs himself If no employment contract has been concluded work in writing with the worker for more than a month and less than a year from the date of the day, the worker will be paid double the salary each month. “Article 33 of the” Work accident insurance regulations “: “Employees suffered injuries due to work accidents OR if you suffer from an occupational disease and need to suspend work to receive medical treatment for work-related injuries, the original salary and benefits will remain unchanged during the suspension and pay period, and the unit will pay it monthly. “For this reason, the company must pay the money.
In this sense, the company believes that the two parties should have an employment relationship. The company has proof that the applicant’s work month is a probationary period. The trial period cannot be considered an employment relationship and it is not necessary to sign an employment contract. The plaintiff was treated after his injury and had no salary, so there was no problem of double salary.
According to the focal point of the dispute between the two parties, the host judge went from presenting evidence to verify the facts to arguing between the two parties to distinguish right from wrong, so that the facts are supported by reason. Because the parties contested the case, they disagreed with the mediation of the trial and the court did not issue a judgment in court.
After the trial, the court also issued publicity materials on the Civil Code to carry out legal publicity activities and received inquiries from the public on legal knowledge and policy regulations. In recent years, the court has carried out a wide range of publicity of labor legislation through judicial trials, such as entering the community and the town. Judges have determined legal status and rights to sign and dissolve employment contracts.
