Taking advantage of the lack of legal knowledge and the tendency of migrant workers to give up demanding wages, they can pit money
Individual enterprises play tricks: they will be dismissed within three months after recruitment
The lawyer reminds that workers should pay attention to collecting and preserving relevant evidence
Beijing, 5 May (Jiefangjun Bao) -- After a catering company recruits cooks and waiters, it dismisses them within three months without signing labor contracts, paying social insurance, or recording the payment of wages. "Although we have won the lawsuit with the company for more than a year, we still haven't received the money." Today, migrant worker Wang Hongyan told reporters that they are still waiting for the company to pay.
Wang Hongyan, whose hometown is in rural Heilongjiang, went to work as a chef at a catering company in Shunyi, Beijing, in August 2021, working diligently. After working for three months, the manager suddenly asked Wang Hongyan to leave on the grounds that his cooking tasted too salty and often received complaints from customers.
In line with the principle of gathering well and dispersing, Wang Hongyan only asked the company to settle the salary, but the company refused to pay.
The company's approach made the waiter Hua Xiaoxiang also begin to worry. In the two months since joining the company, the company has never signed a contract with her or paid her salary. Every time she asked for a salary, the company said that there was no money and that the salary should be delayed. But in fact, the restaurant's daily turnover is considerable, not to the extent of loss.
Two other waiters reported that the company had a precedent for firing a waiter a month or two after hiring them. Most of these people come from rural areas, lack legal knowledge, and are afraid of the long time and procedures for defending their rights, so they finally have to give up demanding wages.
After thinking about it, Wang Hongyan, Hua Xiaoxiang and others couldn't bear this breath, and with the mentality of giving it a try, they came to the Beijing Shunyi District Federation of Trade Unions for help.
Lawyer Chen Jing, who was on duty, found that several workers did not retain relevant evidence, and the company's employment process was not perfect and lacked paper documents, so it was difficult to confirm the existence of an employment relationship between them and the company.
Lawyer Chen also carefully combed through their WeChat chat records with the company. Fortunately, one of the workers has a record of the company's legal representative transferring wages to him, and the rest of the workers have chat records with the legal representative. Lawyer Chen believes that these chat records can prove the employment relationship between the two parties.
Accordingly, Lawyer Chen wrote an arbitration application for Wang Hongyan and four others, demanding that the company pay a total of 4,97217.48 yuan in wages, double the wage difference if the labor contract was not signed, and compensation for illegal termination of labor relations.
The Shunyi District Federation of Trade Unions reported the case to the Beijing Federation of Trade Unions Legal Service Center and was approved as a legal aid case. After one adjudication and two trials, the court of second instance ruled that the company lost the lawsuit, and the company should pay a total of 4,44663.57 yuan in wages and compensation to the four employees.
Jin Xiaolian, a member of the Beijing Federation of Trade Unions Legal Service Center's Model Worker Legal Service Group, reminded that in many dispute cases confirming labor relations, there will be situations where workers cannot provide evidence, and when encountering enterprises that deliberately dig pits, workers should pay attention to collecting and preserving relevant evidence and actively protect their rights through formal channels. (Workers' Daily reporter Lai Zhikai)