Lawyer Tian Jingyun

On March 25, we welcomed the fourth business learning meeting in 2019, which was hosted by lawyer Tian Jingyun, senior partner of Liqun Institute and director of the Labor and Human Resources Business Department. We were honored to invite Ying Jianxin, deputy director of the Arbitration Office of Jiaojiang District Human Resources and Social Security Bureau, Taizhou City, and an arbitrator to share the relevant contents of the Skills for Handling Common Labor Dispute Cases, More than 50 lawyers and assistants participated in this study session.

Ying Jianxin, Deputy Director

Deputy Director Ying Jianxin first introduced the frequent occurrence of labor dispute cases at present, pointed out the importance of handling labor disputes and lawyer legal services, especially in enterprise legal advisory services. Based on his years of experience in handling labor dispute cases, he gave a specific explanation of "common labor dispute case handling techniques" from the following five aspects:

1、 The Issue of "Termination of Labor Relations" in Labor Dispute Practice

The issue of the termination of labor relations in practice is mainly reflected in four aspects: confirmation of the termination of labor relations, issues with the arbitration of the termination of labor relations, timely exercise of the right to terminate labor contracts, and handling of claims for termination of labor contracts in arbitration applications.

Key points:

Requesting the termination of labor relations is not within the scope of labor disputes, and labor arbitration can confirm the termination of labor relations.

2、 Several Issues Easily Neglected in the Practice of Work Injury Cases

The first thing to be determined in work-related injury cases is the statutory retirement age of 60 years for males and 50 years for females. Secondly, it is important to pay attention to the issue of work-related injury compensation caused by third parties, the difference in insurance standards that are too low, and the issue of a final decision.

Key points:

In the issue of work-related injury compensation caused by third parties, due to the lack of operability, employers need to guide workers to seek compensation from the third party first.

3、 Payment of double salary

The payment of double wages is not the nature of wages. Essentially, it is a fine, aimed at promoting the employer to sign labor contracts with employees during working hours and protecting their legitimate rights and interests. Among them, it is important to pay attention to the payment period of double salary, the issue of timeliness in double salary, and the easily overlooked double salary.

Key points:

Double salary that is easily overlooked

a. Continue working after the expiration of the term: Is there any agreement in the original labor contract to be extended accordingly

b. Illegal failure to sign open-ended labor contracts

Defense of Double Wages - Not Attributable to Employers

a. Worker Refusal to Sign

b. Using the authority of supervisor personnel to not sign

c. Special periods such as work stoppage, maternity leave, etc

d. Presumptive malice of workers

4、 Financial compensation and compensation

Financial compensation refers to the Financial compensation given to workers when the employer terminates the labor contract. Compensation refers to the compensation provided by the employer for the losses caused to the employee due to the illegal termination of the labor contract. Financial compensation and compensation cannot be claimed at the same time. According to the opinion of the Supreme Court, Financial compensation and compensation cannot be applied at the same time, so the claims also appear contradictory. According to the relevant answers of the First People's Court of Zhejiang Provincial High Court and the Provincial Arbitration Court, the arbitrator should inform the difference between the two and ask whether to require the employer to pay Financial compensation to him if his claim for compensation cannot be supported. If only compensation is required, Financial compensation will not be directly awarded.

Key points:

There are two situations in which Financial compensation is most likely to be misused:

a: If the employer fails to sign a written labor contract, there will be no compensation.

b: If the contract expires and terminates, the employer will not renew it and will need to pay compensation.

What should be noted to avoid illegal termination of labor contracts:

How about employee violations

After sharing common skills in handling labor dispute cases, this study entered an interactive communication stage. Based on this learning, the lawyers on site jointly discussed the problems and opinions they encountered during the case handling process. In an orderly speech, this session of business learning was pushed to a climax.

Director's Conclusion

Director Wang Xinping

The forms of business learning can be diverse, and the content is extensive and rich. Law firms conduct each session of business learning, which not only provides opportunities for everyone to learn knowledge, but also provides a platform for young lawyers to showcase themselves. We hope that all lawyers can actively participate, communicate with each other, and make progress together!