Employees Can'T Find Employers For 13 Years.

The supply and marketing fleet of Lechang is a state-owned enterprise.

In September 2003, the Lechang supply and marketing fleet contracted out its subordinate department repair workshop to the individual Zhu.

In the same year, Europe hair entered the maintenance workshop, engaged in maintenance work.

When he was hired by a contractor of a state-owned enterprise in Lechang, Shaoguan, after 13 years' work, he was unable to find the employer, the contractor and the employer, when he asked to make up the social security. He refused to admit that he was the boss of the European group.

At the beginning of 2014, the dispute over the payment of social security in Europe and the dispute over the supply and marketing convoys of Zhu and Lechang, Zhu refused to pay the social security for Europe, and thought that he was a contractor without the main qualification of the workers. He was not a real boss, and he was not entitled to participate in the insurance. The Lechang supply and marketing team thought that the European development department was from Zhu.

Zhu Moufa

And Zhu's management, so the team has nothing to do with Ou FA, and no need to pay the social security responsibility.

The employer must first confirm the social security payment, and then apply for labor arbitration.

In March 28, 2014, the Lechang labor and personnel dispute arbitration commission ruled that there was a factual labor relationship between Europe and Lechang's supply and marketing teams from September 2003 to court.

The Lechang supply and marketing team refused to accept the ruling and filed a lawsuit with the Lechang Municipal People's court.

The Lechang people's court held that, since September 2003, the Lechang supply and marketing fleet has neither recruited EU members nor paid wages. The European Commission is not subject to the rules and regulations of the Lechang supply and marketing fleet, and does not accept its attendance management. It has no relationship with the Lechang supply and marketing convoy.

Basic characteristics.

Therefore, there is no labor relationship between the two sides.

He refused to accept the first instance decision and appealed to the intermediate people's Court of Shaoguan.

One, but the property owner is still the supply and marketing fleet in Lechang, the repair workshop is only the subordinate part of the Lechang supply and marketing team, the Lechang supply and marketing team is in line with the main qualification of the employment, and Zhu does not have the employment qualification as stipulated by law. Second, the contract signed between the Lechang supply and marketing team and Zhu, the contract maintenance workshop of Zhu should abide by the rules and regulations of the Lechang supply and marketing team, so the European Commission in the repair workshop must be bound by the rules and regulations of the supply and marketing team of Lechang; third, the contract signed between the supply and marketing team of Lechang city and Zhu, Zhu is only a business contract, and the labor provided by the European shop in the repair workshop is also a part of the business team of the Lechang city supply and marketing team. Shaoguan intermediate people's Court concluded that, first, although Lechang's supply and marketing fleet will contract the maintenance workshop to Zhu.

In January 14, 2015, the court made a final judgment: there is a factual labor relationship between Europe and Lechang.