Xiao based on the labor relationship are not supported.
The labor fee was paid by him.
Wang confirmed that he had contracted from company A to construct a residential building in a small town at that time.
To sum up, the judgment: First, there is no labor relationship between Company A and Xiao.
Xiao was not satisfied and filed a lawsuit to the court of second instance.
Mr.
Wang (signature).
The money in the work permit should be paid by him.
2、 Company A will not pay Xiao’s salary of 65373 yuan and economic compensation of 19465.35 yuan from March 2016 to January 2017.
The work permit on February 23, 2017 was signed by him.
The project manager of the 14 # and 19 # buildings of the company D: Mr.
Wang was the project manager of Mr.
Xiao.
Xiao, it cannot be considered that there is a labor relationship between Company A and Mr.
Wang said that he was not the project manager of Company A, nor an employee, but he contracted from Company A to construct a residential building in a small town.
Wang and Mr.
Xiao was the worker he found when he constructed the X residential building.
Basic facts: On September 3, 2013, Company C signed a construction contract with Company A, which agreed that Company A would undertake the construction of a small town project including the 14 # and 19 # buildings involved in this case, and the project manager was Mr.
The money owed to Mr.
2.
Although the work permit submitted by Xiao stated that Wang was the project manager of Building 14 and 19 of Company A, there was no seal confirmation from Company A, and Wang himself confirmed that he was not the employee and project manager of Company A, so Wang could not be identified as the project manager of Company A, and his behavior could not represent Company A.
In addition, Xiao’s determination of his salary amount is also inconsistent with the previous statement.
” According to the provisions of, Mr.
The second instance found that the Labor and Personnel Dispute Arbitration Commission of a certain city issued a ruling on June 20, 2018 (LZCZZ [2018] No.
Xiao, and Mr.
Later, it is confirmed that it is the salary amount determined by Wang.
Wang is not a staff member of Company A, and his behavior cannot represent Company A.
The content of the work permit submitted by Xiao: the total salary of the 14 # and 19 # buildings contracted by Xiao in a small town Ding Construction Group from March 2016 to January 2017 was 71373 yuan (all the wages paid before January 26, 2017 have been deducted).
Among them, the employer shall bear the burden of proof for the relevant vouchers in items (1), (3) and (4).
In this case, first of all, Xiao submitted his work permit, which stated: “The total salary owed to Xiao from March 2016 to January 2017 was 71373 yuan for the 14th and 19th buildings constructed by his company in a small town.
.
Song economic compensation and salary arrears according to the ruling.
Xiao, and ruled that Mr.
XXX), which determined that Mr.
12) issued by the Ministry of Labor and Social Security stipulates that the employer has not signed a labor contract with the employee, and the following documents can be referred to when determining the existence of labor relations between the two parties: (1) wage payment certificate or record (employee wage distribution roster), and record of payment of various social insurance premiums; （2） The “work card”, “service card” and other documents that can prove the identity issued by the employer to the workers; （3） The “registration form”, “application form” and other recruitment records of the employer filled in by the worker; （4） Attendance records; （5） Testimony of other workers, etc.
Construction construction, mining enterprises and other employing units will Or in the case of illegal contract awarding, subcontracting, subcontracting or personal affiliated operation of the business right, the personnel employed by the subject of illegal employment have no labor relationship with the contract awarding party, the sub-contracting party, the affiliated party.
Mr.
Xiao Mou filed an arbitration request to confirm the existence of labor relations between the two parties since March 2016, to terminate the labor relations between the two parties, and ordered Company A to pay 71373 yuan of unpaid wages, 39360 yuan of living expenses, 31800 yuan of economic compensation, 11660 yuan of overtime pay for statutory holidays, totaling 154193 yuan.
According to the Higher People’s Court of Shandong Province Article 1 of the Minutes of the Meeting on Several Issues Concerning the Trial of Labor and Personnel Disputes Cases issued by the Shandong Provincial Human Resources and Social Security Department “1.
Zhao.
3.
Xiao has not been paid.
Xiao was the worker he found when he constructed a residential building in a small town.
The court of second instance held that the focus of the dispute in this case was: first, whether Xiao had a labor relationship with Company A; 2、 Whether company A should pay Xiao’s salary arrears and economic compensation.
The respondent company A paid the applicant Xiao’s salary of 65373 yuan and economic compensation of 19465.35 yuan for the period from March 2016 to January 2017 within 10 days from the effective date of this award, the total amount of which is 84838.35 yuan.
The court of first instance made an investigation and inquiry to Wang.
Xiao also paid Mr.
The case acceptance fee is 10 yuan, which is borne by Xiao.
Therefore, the salary and compensation claimed by Mr.
The money in the work permit should be paid by him, and the money owed to Xiao has not been paid.
If there is an employment or other relationship between Mr.
3、 Refuse other litigation claims of Party A and other arbitration claims of Xiao.
The court of first instance held that the project manager of Company A was agreed in the construction contract of City X construction project.
Song had a labor relationship with Mr.
Reject the other arbitration claims of the applicant Xiao.” Company A refuses to accept the arbitration award and brings a lawsuit to the court of first instance.
Arbitration award, adjudication “1.
He paid the service fee of Xiao, who signed the work permit on February 23, 2017.
The confirmation of labor relations in the case of illegal contract awarding, subcontracting, subcontracting or personal affiliated operation of construction projects or management rights.
It is confirmed that the applicant Xiao has a labor relationship with the respondent company A from March 2016 to February 25, 2019, and the labor relationship between the two parties was terminated on February 25, 2019.
With regard to focus 1, Article 2 of the Notice on Matters Related to Establishment of Labor Relations (LSB [2005] No.
