Provincial labor and social security departments shall, when auditing the retirement of enterprise employees, audit the original personnel files of employees submitted by enterprises in accordance with the retirement auditing procedures. However, the Ministry of Labor and Social Security will declare the anonymous accountant who retired as a cadre without reviewing the cadre files, relying on a paper of workers' retirement notice and recruitment political examination form forged and signed by the employer when he joined the work 30 years ago. 65,438+0,983 was transformed into a national official cadre, 65,438+0,986 was a junior college degree, and was forced to retire as a production worker at the age of 50. His abuse of power directly violated the cadre policies of the party and the state, the archives law, the labor law and the labor contract law, and the labor inspection agency abused its power illegally.
2, enterprise labor and social security civil violations
While constantly adjusting its internal structure, a state-owned enterprise does not enforce the labor law and the labor contract law, denies the 30-year working experience of the national cadres (managers) of its employees, forges employee signatures, makes false retirement notices and employee signatures, and uses the illegal management materials of enterprises that cannot access the cadre personnel files to make cadre files for retirement approval of enterprise employees. Infringe on the legitimate rights and interests of employees and violate labor contracts and post agreements for the benefit of a few people. Enterprises constantly violate the labor contract law for the benefit of the contractor, which is the main aspect of social instability.
3, perverting the law to judge criminal acts
The court, knowing that the labor and social security organs did not review the "cadre files" and there was no evidence of workers' posts, refused to accept dozens of chain evidence such as anonymous college students' university graduation certificate, accounting qualification and accounting qualification certificate, accounting certificate, appointment letter of finance minister, appointment letter of finance minister, post agreement of finance minister and post salary of finance minister. Accept false information, seek bribes for personal gain, transfer litigation requests, and make personnel judgments on the loss of the identity of unwarranted cadres (managers and intermediate technicians). Causing the loss of personal rights, honor rights and labor rights of the infringed person and economic losses of more than 654.38+10,000 yuan. (Economic loss of more than 654.38+10,000 yuan constitutes the crime of perverting the law)
In short, because there is no legal supervision mechanism for enterprise labor contracts, violations of employees' legitimate rights and labor laws and labor contract laws continue to occur.