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上錯班7年才發現單位是別家 中英文翻譯對照

時間:2018-09-09 16:10來源:未知 作者:admin 點擊:
上班7年上錯公司是怎么回事?上班7年上錯公司真相曝光!楚天都市報9月8日訊 漢口一位單親媽媽陳女士,在一家影樓上班7年,當她通過法院向影樓索要社保補貼時, What happened to the wro
上班7年上錯公司是怎么回事?上班7年上錯公司真相曝光!楚天都市報9月8日訊 漢口一位單親媽媽陳女士,在一家影樓上班7年,當她通過法院向影樓索要社保補貼時,
 
What happened to the wrong company after seven years at work? The truth of the wrong company after seven years at work came to light! A single mother of Chutian Metropolitan Daily, Ms. Chen, who worked in a studio for seven years, demanded social security subsidy from the studio through the court.
 
 
 
才發現自己沒有到合同中的影樓上班,而是到同一院內的另一家影樓上班。昨日,來自江岸區法律援助中心的消息說,陳女士并未上錯班,而是影樓“玩巧”,公益律師最終為她討回了公道。
 
Only to find that he did not work in the studio of the contract, but to work in another studio in the same hospital. Yesterday, a source from the Jiangan District Legal Aid Center said that Ms. Chen did not go to the wrong job, but the studio "clever", public welfare lawyers eventually for her justice.
 
 
 
42歲的陳女士是一個單親母親,11年前離婚后,就獨自帶著兒子生活,每月3000元的工資除了要個人繳納社會保險費用外,還要負擔兒子的生活、上學、
 
Ms. Chen, 42, a single mother, lived alone with her son after her divorce 11 years ago. Her monthly salary of 3,000 yuan is not only for social insurance, but also for her son's life and school.
 
 
 
培優等費用。隨著兒子漸漸長大,陳女士的經濟壓力越來越大,每個月800元的社保費讓她已經無法承受了。
 
And so on. As her son grew older, Ms. Chen's financial pressure grew stronger and stronger, and the 800 yuan a month social security premium made her unbearable.
 
 
 
2017年3月,陳女士向工作了七年的影樓A公司提出,希望A公司為其繳納社會保險,然而得到的答復卻是“工資中已經含有500元的社保補貼”。
 
In March 2017, Ms. Chen told the studio A company she had been working for seven years that she hoped A would pay for social insurance. However, the answer she received was "the salary already contains 500 yuan of social security subsidy".
 
 
 
陳女士咨詢律師后了解到,A公司的這種做法是違法的,嚴重侵害了其合法權益,她可以以公司沒有繳納社保為由提出離職,并且要求公司給予經濟補償金。
 
After consulting her lawyer, Ms. Chen learned that company A's practice was illegal and seriously infringed on its legitimate rights and interests. She could leave her job on the grounds that the company did not pay social security, and asked the company to pay financial compensation.
 
 
 
當年5月,陳女士書面辭職之后,向武漢市江岸區法律援助中心提出法律援助申請,湖北金衛律師事務所曹紅玲律師受指派免費承辦此案。
 
In May of that year, after Ms. Chen resigned in writing, she applied to Wuhan Jiangan District Legal Aid Center for legal aid. Lawyer Cao Hongling of Hubei Jinwei Law Firm was appointed to undertake the case for free.
 
 
 
曹律師找到陳女士,希望她提供能證明勞動關系的證據。陳女士表示,自己手上并沒有勞動合同,因為每次在合同上簽名之后,影樓都會把合同收走
 
Cao found Ms. Chen, hoping that she would provide proof of labour relations. Ms. Chen said she did not have a labor contract because every time she signed the contract, the studio would take it away.
 
 
 
,自己只有離職申請表和發工資的銀行明細。但離職申請表上沒有公司公章、工資轉賬銀行明細上也沒有顯示公司名稱,也就是說陳女士并沒有能直接證明勞動關系的證據材料。
 
They only have the resignation application form and the bank details of the payroll. But there is no company seal on the application form, and no company name on the details of the payroll transfer bank. That is to say, Ms. Chen has no evidence to prove the labor relationship directly.
 
 
 
陳女士找到銀行,重新打印出帶有工資支付單位名稱的明細單。曹律師代理陳女士申請了勞動仲裁,主張社會保險損失賠償、解除勞動關系的經濟補償金。
 
Ms. Chen found the bank and reprinted the detailed list with the name of the wage payment unit. Lawyer Cao applied for labor arbitration on behalf of Ms. Chen, claiming compensation for social insurance losses and economic compensation for the dissolution of labor relations.
 
 
 
當陳女士覺得勝券在握時,庭審中卻出現了意外。影樓A公司出示了一份陳女士親筆簽名,且蓋有影樓B公司公章的勞動合同。
 
When Ms. Chen felt that the victory was in hand, there was an accident in the trial. The studio A produced a labor contract signed by Ms. Chen and signed with the official seal of the studio B company.
 
 
 
難道上了7年的班,竟然上錯了公司?陳女士也疑惑不解,每次簽合同時只在簽名處簽名,根本就沒有留意過公司名稱,而且影樓A公司的大門上也確實掛著影樓B公司的牌子,難道自己真的告錯了?
 
Did it take 7 years to go to the wrong company? Ms. Chen is also puzzled, each time when signing a contract only in the signature office signature, did not pay attention to the name of the company, and studio A company does hang on the door of studio B company signs, is it really wrong?
 
 
 
曹律師告訴記者,假如陳女士真的是與影樓B公司有勞動關系,那么不僅所有的法律程序得重來一遍,而且還可能被認定為曠工,甚至社保補貼、經濟補償金的訴求也無法得到支持。
 
Lawyer Cao told reporters that if Ms. Chen really had labor relations with studio B, not only would all the legal procedures have to be repeated, but it might also be considered absenteeism, and even the appeal for social security subsidy and economic compensation could not be supported.
 
 
 
曹律師讓陳女士不要慌張,她以銀行轉賬工資明細為證,證明陳某的工資由影樓A公司發放。同時,曹律師仔細核對營業執照,發現兩個影樓公司的經營地址、
 
Lawyer Cao asked Ms. Chen not to panic, she took the bank transfer wage details as evidence, to prove that Chen's salary by the studio A company. Meanwhile, Cao lawyer carefully checked the business license and found the business address of the two studio companies.
 
 
 
經營范圍完全相同,并且經核查證實,兩個公司分別由一對同胞兄弟所開,雖然是兩個公司,但卻共用一套人事和財務人員。
 
The business scope is exactly the same, and verification has confirmed that the two companies are run by a pair of siblings, although they are two companies, but share a set of personnel and financial personnel.
 
 
 
這些證據,完全推翻了影樓A公司的說詞。10天后,勞動仲裁委員會支持了陳女士的訴訟請求。影樓A公司不服仲裁裁決,向江岸區人民法院起訴。去年底,一審維持了仲裁的裁決結果。
 
These evidence completely overturned the words of A. 10 days later, the labor arbitration committee supported Ms. Chen's claim. A, a photo studio, sued the people's Court of Jiang'an District for failing to accept the arbitration award. At the end of last year, the ruling of arbitration was maintained by the first instance.
 
 
 
今年初,影樓A公司仍然不服,又上訴至武漢中級法院。
 
At the beginning of this year, studio A still refused to accept the appeal and appealed to the Wuhan intermediate court.
 
 
 
官司打到這個份上,影樓A公司的總經理畢某(化姓)這才得知這一官司。他主動找到法官,表示此事是影樓人事部門負責人“玩巧”所致,并非影樓真實意圖,愿意按一審判決結果賠償陳女士。
 
After the lawsuit was reached, the general manager of A studio, Bibi (surnamed Xing), was informed of the lawsuit. He took the initiative to find a judge, saying that the matter is the studio personnel department responsible for "clever" caused, not the studio's real intentions, willing to compensate Ms. Chen according to the results of the first trial decision.
 
 
 
今日,陳女士告訴記者,經過調解,影樓A公司支付了她社保賠償金、經濟補償金等共計5.6萬元。
 
Today, Ms. Chen told reporters, after mediation, studio A company paid her social security compensation, economic compensation, a total of 56,000 yuan.
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