Failure To Submit Effective Evidence Can Not Confirm Labor Relations.

Chen argued that there was a labor relationship with a construction company in Yantai, but he could not submit effective evidence. Recently, Chen's appeal was rejected by the local labor dispute arbitration committee.

Chen said he was introduced to the construction company in 6 menstrual period in 2015, and was pferred to the Weifang Project Department of the company in August of the same year as the technical director.

In February 2016, the construction company's project manager telephoned and dismissed him.

Chen then filed a labor arbitration and asked for confirmation of labor relations with the construction company from August 2015 to February 2016. The construction company paid the labor contract from August 2015 to February 2016.

The difference is 44500 yuan.

In the court trial, Chen submitted the record book, the drawing joint examination record, the construction design plan audit form, the construction machinery rental contract and the handwritten salary form from August 2015 to February 2016.

The construction company denied that there was any labor relationship with Chen. At the same time, the evidence submitted by Chen was based on the photocopy of the Department, the printed part, or the company's official seal and no company name.

After the trial, the Arbitration Commission held that the first provision on the establishment of labor relations related matters (No. [2005]12 of the Ministry of labor and social work) stipulates: "the employing unit has not signed a written labor contract, but it has the following circumstances:"

Established.

(1) employers and workers comply with the main body qualifications stipulated by laws and regulations; (two) the labor rules and regulations formulated by the employing units according to law are applicable to labourers.

Laborers' employing units

Engaging in remunerated labor arranged by the employing units; (three) the labor provided by labourers is an integral part of the business of the employing units. "

The evidence submitted by Chen could not form an effective chain of evidence and could not prove its existence of labor relations with the construction company, so it did not support Chen's request.

As for Chen's request for double wage differential, it is based on the existence of labor relations on both sides, so it will not support it.

In the end, the Arbitration Commission ruled in accordance with the law to dismiss Chen's claim.

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Recently, the twenty-fourth session of the twelve Standing Committee of the Shandong Provincial People's Congress examined and adopted the Shandong provincial collective wage consultation Ordinance.

The regulations only stipulate at least three per party for the number of representatives engaged in collective wage negotiations, and no upper limit is specified. The specific number is determined by the two sides.

The chief negotiators of the two sides may entrust the professionals outside the company and the legal service workers at the grass-roots level as the consultative consultant of the party.

With the consent of both sides, third party professional advisory bodies can be introduced to participate in collective wage negotiations.

In view of the problem that the negotiators of the staff and workers are "afraid to talk", the regulations stipulate that enterprises should provide working conditions for the negotiators to participate in collective wage negotiations.

The participation of negotiators in collective wage negotiations and participation in relevant meetings and training is regarded as providing normal labor, and their wages and welfare benefits remain unchanged.

An enterprise shall not perform its duties as a negotiated representative in accordance with these regulations and dissolve the labor contract.

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