Chengdu Wenjiang District Labor and personnel dispute arbitration committee made an arbitration award on March 28, 2017: 1 Zhao * * and * * company have labor relations since July 1, 2016; 2.
Entrusted agent ad litem: Zhu Mingdong, lawyer of Sichuan Yafeng law firm.
Legal representative: Acting * *, chairman.
Zhao * * applied to Chengdu Wenjiang District Labor and personnel dispute arbitration committee for arbitration.
In the first instance trial, * * company stated that after contracting the first phase of Taikang home Shuyuan project in Yongning Town, Wenjiang City, Chengdu, it did not subcontract the project.
During the second instance of this case, neither party submitted new evidence.
Accordingly, according to Article 7 of the labor contract law of the people’s Republic of China, articles 1 and 2 of the notice on matters related to the establishment of labor relations and Article 134 of the Civil Procedure Law of the people’s Republic of China, it is judged that * * the company has a labor relationship with Zhao * *.
2324 appellant (original plaintiff): Chengdu * * Labor Service Co., Ltd, Address: floor 1, No.
Phase I project of Chengdu Wenjiang Yongning Town Taikang home Shuyuan project was undertaken by * * company.
Entrusted agent ad litem: Zhu Qingyun, lawyer of Sichuan Lejia (Meishan) law firm.
* * company organized personnel for construction by itself and arranged Yao Yonggang, a management personnel hired by * * company, to be responsible for on-site management.
The case acceptance fee is 10 yuan, halved and charged 5 yuan, which shall be borne by * * company.
The trial of this case has been concluded** Company’s appeal request: revoke the judgment of first instance and change the judgment that * * company has no labor relationship with Zhao * *.
In the first instance trial, * * company confirmed that there was no subcontracting after it contracted the project.
According to articles 1 and 2 of the notice on matters related to the establishment of labor relations issued by the Ministry of labor and social security and Article 7 of the labor contract law of the people’s Republic of China, “the employer shall establish labor relations with the worker from the date of employment”, both parties shall establish labor relations from July 1, 2016.
Whether the civil judgment of Chengdu Intermediate People’s Court of Sichuan Province (2018) chuan01 Minzhong No.
Therefore, the court of first instance will not support * * company’s claim that there is no labor relationship between the two parties.
The witnesses pan and Deng Qiong testified in court during the arbitration trial to prove that Zhao * * was introduced by pan to the above-mentioned project contracted by * * company on July 1, 2016 and received wages from Yao Yonggang.
5642 of Chengdu Wuhou District People’s court for confirming the labor relationship dispute with the appellee Zhao * *.
The project was organized by * * company and its staff Yao Yonggang was responsible for on-site management.
In the field of construction, the staff of the construction party hired and arranged to manage the work of migrant workers, and paid wages to migrant workers.
Fixing Socket Cross Pin Nail Plate
48, Yulin East Road, Wuhou District, Chengdu, Sichuan Province.
During the arbitration hearing, Zhao * * withdrew the second arbitration request.
The Court confirmed that the facts of the case found by the court of first instance are consistent with those found by the court of first instance.
Request: 1 Confirm that there is a labor relationship between Zhao * * and * * company; 2.
Facts and reasons: the first instance judgment confirmed the existence of labor relations between * * company and Zhao * * based on the testimony of witnesses who have an interest in Zhao * *, which is an error in determining the facts.
Although * * company and Zhao * * have not signed a labor contract, the witness testimony, party statement and other evidence in the arbitration record submitted by Zhao * * prove that Zhao * * has been engaged in formwork removal in the project since July 1, 2016, and * * company arranges its staff Yao Yonggang to manage Zhao * * and pay his salary.
Whether Zhao * * worked at the construction site of * * company and was injured.
Reject Zhao * *’s other arbitration claims.
After filing the case, the court formed a collegial panel to hear the case according to law.
Combined with the evidence submitted by the parties and the statements of the parties, the court of first instance found that Zhao * * worked and was injured in the phase I project of Taikang home Shuyuan project in Yongning Town, Wenjiang, Chengdu contracted by * * company since July 1, 2016.
The appellant Chengdu * * Labor Service Co., Ltd.
Appellee (defendant of the original trial): Zhao * *, male, born on December 8, 1970, Han nationality, lives in Qianwei County, Sichuan Province.
Since * * company and Zhao * * had no dispute over the above facts, the court of first instance confirmed it.
The court of first instance found the facts: * * the company contracted the phase I project of Taikang home Shuyuan project in Yongning Town, Wenjiang, Chengdu.
The court of first instance held that the focus of the dispute in this case was whether there was a labor relationship between * * company and Zhao * *.
On July 1, 2016, after Zhao * * was injured at work, Yao Yonggang and others sent Zhao * * to Wenjiang District People’s Hospital for treatment.
The court believes that the focus of dispute in this case is whether there is a labor relationship between * * company and Zhao * *.
(hereinafter referred to as * * company) appealed to this court against the civil judgment (2017) Chuan 0107 min Chu No.
Article 1 of the notice on matters related to the establishment of labor relations issued by the Ministry of labor and Social Security stipulates that “when an employing unit recruits workers without a written labor contract, but at the same time under the following circumstances, the labor relationship is established..
Zhao * * replied that the facts identified in the first instance were clear and the applicable law was correct** The company’s appeal has no factual and legal basis, and the judgment of first instance shall be upheld** The company filed a lawsuit with the court of first instance to confirm that there is no labor relationship between * * company and Zhao * *.
* * the company paid Zhao * * 25000 yuan for the wage difference of twice the labor contract not signed from August 15, 2016 to the day before the supplementary labor contract is signed, which is temporarily calculated until the arbitration application date.