Small shop employment labor disputes, labor disputes, employment relations

Buy explosives, 30 pounds is almost enough, put him at the door, and ask him to give money!It's okay to look for 110 and say he robbed you of your money.

According to Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, "if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.

After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation. ”

In this case, the worker is found by the building materials boss, the building materials boss is the employer, and you and the boss are in a contracting relationship, you are the employer, the boss is the contractor, and you are also at fault for handing over the project to the unqualified building materials boss for contracting, and the boss is the real fault party, therefore, you can request the addition of the building materials boss as the defendant and demand joint compensation.

The employment relationship refers to the relationship of rights and obligations formed by the employee providing labor services to the employer, and the employer paying the corresponding remuneration. The employment relationship is formed on the basis of a contract between the employer and the employee, and the employment contract can be oral or written. The employment contract is not clearly stipulated in Chinese law, but civil law countries generally have provisions on employment contracts, such as the French Civil Code and the German Civil Code.

In a broad sense, the employment relationship includes "labor relations", and the difference between the two is mainly due to two aspects: first, there is a "special subordinate relationship" between the employee and the employer under the labor contract, and the employee's labor must be "under the condition of a high degree of obedience to the employer";The second is that the laborer provides the labor force for his occupation.

You didn't make the situation clear.

Are you the person in charge of the construction site?Do the workers do the work for you?

Whoever hires the workers and pays the temporary workers is responsible.

The work is arranged by the building materials boss, "How to understand?".

If you're just helping another person find a worker, you're just helping to introduce them in the middle, and you're not responsible. If you find workers to work for yourself, you pay your salary, and the building materials boss is just an introduction, then you are responsible for yourself. If you are outsourcing the project and the building materials boss is contracting, the building materials boss is mainly responsible.

If someone violates the command on the spot, they will also be held responsible.

As long as the car wash has industrial and commercial registration, your situation must be a labor relationship, and you can complain to the local labor department. This call 110 will not care, even if 110 comes, it is only recommended that you go to the labor bureau. The suggested ideas are as follows:

1. If the employer fails to participate in social insurance in accordance with the law, you can resign according to this and ask for compensation of half a month's salary.

2. If you have not signed a labor contract, you can double your salary for nine days in the second month.

3. If the boss is willing to pay the salary as agreed, he can consider giving up the first and second requests, even if everyone takes a step back.

If the employer does not have industrial and commercial registration, it can only go to the court to sue him, and at the same time report to the industrial and commercial bureau that he is operating illegally.

In this case, of course, it is an employment relationship. "Because you're employed in this car wash and doing the paid labor that they've arranged. ”

You can apply for arbitration in the same way as your local labor arbitration.

To tell the truth, although there is not much money, but you still get it with your own labor, whether they pay you or not, you also apply for arbitration disgusting and disgusting them.

Do car washes have a business license? If there is, you are an employment relationship. You can apply for labor arbitration, and you can first apply for a legal aid from the local judicial department before applying for labor arbitration.

1 Count as an employment relationship! The most obvious difference is that the subject is different. This is the easiest to see clearly.

If a person hires you to do things for him, it's an employment relationship. If you are employed by a business, it is not an employment relationship, it is a labor relationship! In addition, the labor relationship needs to be guaranteed by the state's coercive force, while the employment relationship needs the consent of the parties!

Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, Article 9, Paragraph 2).

2 It can be seen from your documents that the person employed is grossly negligent, so he can be held accountable, and this compensation should be settled by mutual agreement. (Article 106, Paragraph 3 of the General Principles of the Civil Code).

3 As for this issue, whether it is serious or not is not up to you to decide, if you really can't accept it, you can apply to the court for a re-appraisal. Disability assessment is based on the hospital**!

4 This case is a typical civil dispute and should be regulated by civil law. It is a civil liability dispute case.

5 From the materials, it can be seen that your friend has paid half of the medical expenses, and alone borne the cost of repairing the car, combined with the actual situation of this case (the accident person himself has gross negligence), I think the accident person basically has no right to claim compensation, of course, he has the right to sue, the court should first apply mediation, you can insist on no more compensation, or a small compensation, if the other party does not agree, then you can ask the court to decide! Be sure to emphasize the gross negligence of the person who caused the accident!! and the nature of the labor relationship between the two parties!!

Remember!! In addition, I would like to ask this friend to consult carefully at a local law firm!! After all, the interview is more telling than that!

This case was handled in accordance with the judicial interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases. It belongs to the civil category.

There is a distinction between an employment and an employment contract relationship, and the applicable law is different. Based on my understanding of the law and my practice in handling cases, I believe that it is more appropriate to determine the employment damage compensation dispute.

According to the employment damage or labor compensation, your friend needs to bear the liability for compensation, but due to the different relationship and nature, the compensation items and standards are different. According to the labor compensation, regardless of whether the victim is at fault or not, the employer bears full responsibility; The employment compensation employer is liable only if the victim is not grossly at fault.

You request to calculate the amount of compensation, but it cannot be calculated according to the problem, because 1. The applicable standards for appraisal are different, and the disability level appraisal standards for persons injured in traffic accidents are applicable to employment, while the appraisal standards for work-related injuries and occupational diseases are applicable to work-related injuries; Therefore, work-related injury level 6 and employment disability (general impairment) level 6 are two different things; 2. The appraisal institutions are different, and the work-related injuries are identified by the Labor Ability Appraisal Committee (generally located in the Social Security Bureau) and the general injury and disability appraisal judicial appraisal can be done.

I believe that the driver himself was grossly at fault for this damage.

Suggestion: Find a lawyer directly (the Bureau of Justice has a free one) to consult first. In fact, the first question to be set is labor relations? Injury? Or is it a civil relationship? It's still comprehensive. A lot of things depend on the evidence.

1. It can be completely resorted to labor arbitration and law. As long as you have a labor contract, pay slip or other labor attendance and other evidence to prove that you are indeed working there, you will be protected by law.

2. Where have you worked for 2 years, even if you are a temporary worker, you should sign a qualified labor contract, and if you have not signed any labor contract, you can ask for double wages according to the law.

3. Their practices do not belong to illegal employment, which refers to the recruitment of unsuitable workers, such as child labor.

4. The dismissal of employees needs to have legal procedures and give corresponding compensation, and they cannot be let go without being so clear.

5. This labor dispute should be subject to labor arbitration first, and only if the labor arbitration is not satisfied will the court file a lawsuit. What's more, there is no fee for labor arbitration.

Their so-called "they were not authorized or given a quota by the company when they recruited me 2 years ago," is nonsense, how can they be paid wages without authorization? It's not like the workers in his office will give you a little of their salary.

But in any case, the de facto labor relationship exists, and if you want to be terminated without a labor contract, you will be given double wages, and you will be given one month's economic compensation for one month, and even if you are more than two years old, you will be given three months' wages as compensation.

What to do? Don't listen to so many excuses from them, just pick up the law **.

You can resort to law, and you can also go to the labor arbitration commission for arbitration.

You can file a complaint with the labor inspectorate or file a labor arbitration, as long as you can prove the existence of an employment relationship between you. Without a labor contract, double wages can be claimed.

1. There is an employment relationship between you;

2. You can protect your rights and interests through legal channels;

3. You need to apply to the labor department for arbitration first;

4. If you are not satisfied with the arbitration, you can file a lawsuit with the court;

5. They are not considered illegal employment.

6. You can get about (hehe, rough calculation) compensation and compensation for 16 months of average salary.

If a labor dispute arises from a part-time job in a small restaurant, the arbitration shall first be filed with the labor department, and if there is any objection to the arbitration result, a lawsuit may be filed with the people's court.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Forget about the small restaurant, teach you a trick, just take away the account books in its store, and ask for repayment.

It's best to have a good talk with the restaurant, and if you really don't go through the legal route, the premise is that the contract must be there!

Go to the labor office, they can mediate in the middle.

** Check with your local veterans.

Labor Bureau, if you can, settle it privately.

No, the Labor Bureau does not even have the power to enforce and needs the courts to enforce his rulings.