Part Time Job Is Not Something A Unit Has To Say.

In December 13, 2014, Xiao Zhang went to an advertising agency to engage in advertising and business planning, and the advertising company produced work cards for him.

In April 2015, Xiao Zhang was injured when he went out to undertake the business, and he had been recuperating for 3 months.

In July 31, 2015, Xiao Zhang tou resigned to the advertising company and demanded payment of work-related injuries. He was refused.

Because neither party has signed a labor contract, Xiao Zhang has applied to the local labor and personnel dispute arbitration committee for confirmation of the existence of labor relations with advertising companies.

The advertising company argues that Xiao Zhang is a part-time worker and there is no labor relationship between them.

The court found that advertising companies pay 3000 yuan to Xiao Zhang monthly through bank cards.

It is believed that

The notice of relevant matters stipulates that the employer's employer has not signed a labor contract, but at the same time he has the following circumstances.

(1) employing units and workers comply with the main body qualifications stipulated by laws and regulations; (two) all work done by employers in accordance with the law.

It is applicable to the labor management of the laborers and the employing units, engaging in remunerated labor arranged by the employing units; (three) the labor provided by the workers is an integral part of the business of the employing units.

When a labor relationship exists, it is possible to prove the evidence or other workers' testimony with reference to the payment voucher, attendance record, etc.

In this case, the qualifications of Xiao Zhang and the advertising company are in accordance with the laws and regulations. The labor provided by Xiao Zhang belongs to the business unit of the unit. Wages are also distributed by advertising companies. The work cards and the wage cards provided by Xiao Zhang form a complete chain of evidence. The company has no evidence to prove that Xiao Zhang belongs to the part-time staff.

Finally, the Arbitration Commission ruled that the two sides had labor relations from December 13, 2014 to July 31, 2015.

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Wu worked in a company in Weihai in March 2012. He was injured in a traffic accident in November 13, 2012. He was identified as 6 disabled. The degree of nursing dependence was no nursing dependence.

In November 12, 2013, when Wu stopped working and paid his salary, he did not work for the company, nor did he go through the sick leave procedure according to the regulations.

In May 2014, the company gave Wu a job as a doorman, but Wu refused to work on the grounds that the treatment had not ended and was not competent for the post.

In September 22, 2015, the company once again sent a notice of work arrangement to Wu, providing 4 jobs for Wu to choose and asked him to report to the company in September 26, 2015.

In September 23, 2015, Wu replied that the company was not competent for the 4 Posts offered by the company, and asked the company to arrange other jobs.

In September 26th, Wu did not report to the company.

In October 15th, the company terminates the labor contract with Wu on the basis of the "labor contract law" and the company's staff management system, because Wu did not choose posts, did not go to work on duty in accordance with the prescribed time, and continued absenteeism for 19 days.

Wu submitted an arbitration application to the local labor and personnel dispute arbitration commission, requiring the cancellation of the company's decision to terminate the labor contract, and the company paid the disability allowance on a monthly basis.

But in the end, the Arbitration Commission dismissed Wu's request for arbitration.

For the treatment of the retention of labor relations enjoyed by work-related injury workers, there are thirty-fifth provisions, thirty-sixth articles and thirty-seventh regulations on the industrial injury insurance Ordinance.

Workers who have been identified as grade 5 or 6 are disabled due to work-related disability, and their labor relations with employers should be retained.

If the work is difficult to arrange, the employer will issue disability allowance monthly.

The worker injured himself suggests that the employee can terminate or terminate the labor relationship with the employer.

In this case, after being identified as a 6 grade disabled Wu, the company should arrange proper work. Only when the company is unable to arrange Wu's work, will it be issued a disability allowance for Wu.

In the company has repeatedly offered jobs for Wu, the objective fact that it is difficult to arrange work does not exist.

Under such circumstances, Wu still refused to go to posts on the grounds that he was incompetent and had no false absenteeism, which was a serious violation of the company's rules and regulations, and the company could terminate the labor contract according to law.