One day, Zhang Huilai, a migrant worker from Guangde, Anhui Province who came to work in Zhili, Huzhou, had a quarrel with his boss Liu, who immediately dismissed Zhang Huilai and seven others. Zhang Huilai was very angry and threatened Liu: "If you dare to fire us, I will kill your two children!" More than 40 fellow villagers were immediately called, and the atmosphere between the two sides was tense. Mary Ng, director of the town judicial office and executive deputy director of the center for mediation of contradictions and disputes, immediately called both parties. After listening carefully to the complaints of both sides, he moved with emotion and made sense of it, and publicized relevant laws on them. After doing the work, Zhang Huilai and other seven people finally agreed to terminate the labor relationship with their boss Liu, but asked the mediation center to help them recalculate the total piece rate. Mary Ng took all 23 different styles of clothes made by Zhang Huilai and others to the mediation center, and objectively and fairly evaluated the salary of each piece of clothes according to the market price. Zhang Huilai and others are very satisfied with the salary of 1 1660 yuan. A dispute that may lead to a vicious incident has finally been solved. So what method does Mary Ng use to promote it? Mainly article 17 of the labor law. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract. Article 18 A labor contract concluded by fraud or threat is invalid. Article 28 Where an employer terminates a labor contract in accordance with the provisions of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.
It seems that both employers and employees should be trained in relevant legal knowledge at ordinary times. Once a labor dispute occurs, it can be solved according to law, avoiding major vicious incidents, which is conducive to social harmony and stability.
It is legal to work overtime on holidays.
A clothing company arranged employees to work overtime during the National Day holiday because they were in a hurry. Zhang and other overtime workers offered to pay 300% overtime pay. The manager of the labor department of the company only agrees to arrange compensatory time off for overtime workers, and does not agree to pay overtime. To this end, Zhang reported to the labor security supervision brigade of the local labor security bureau, demanding that the company's wrong behavior be corrected and its own rights and interests be safeguarded.
After receiving Zhang's report, the labor and social security supervision brigade found out through investigation and evidence collection that the company failed to pay overtime wages on the grounds that it had arranged compensatory time off after arranging employees to work overtime on legal holidays, which violated the Labor Law and ordered the company to make corrections within a time limit. The company reissued the overtime pay of Zhang and other employees within the time limit stipulated by the labor security supervision brigade.
3. The road to safeguarding rights according to law is long, and there is justice in the world.
Zhang Bin was recruited as a temporary newspaper deliveryman by Xianju County Post Office in Zhejiang Province. He doesn't regard himself as a temporary worker, but he has the same professional pride as a regular employee as a "green angel". He goes out early and comes back late every day, and his work is practical. There has never been a case of late or wrong newspaper delivery, so it has won unanimous praise from customers and post office leaders.
1997 One day, while delivering newspapers and periodicals by bike, Zhang Bin was seriously stabbed in his right eye by bamboo on a tractor, and his right eye retina fell off. After nearly 1 month of treatment, although the eyes were saved, they were identified as grade 6 disability, the right eye was almost blind, and the vision of the left eye dropped to 0. 1.
The sudden accident made Zhang Bin want to cry, and the pressure of survival became an unavoidable shadow in his heart. Although the post office agreed to reimburse Zhang Bin's medical expenses, it thought that Zhang Bin was only a temporary worker in this unit, so it only agreed to pay Zhang Bin's salary 12 months as a one-time disability allowance.
1999, Zhang Bin filed a lawsuit with the court, demanding that the county post office and the county telecommunications bureau * * * pay medical expenses, disability benefits and other expenses totaling more than 26,500 yuan, and arrange work and enjoy the treatment of employees and other related industrial injury insurance benefits.
Finally, the lawsuit went to the Higher People's Court of Zhejiang Province. In 2002, after the provincial procuratorate protested, the provincial high court directly retried the case, and recently made a final judgment: the county post office and the county telecommunications bureau shared Zhang Bin's medical expenses and work-related injury allowance of more than 9,000 yuan in proportion to their assets, and 330 yuan was paid monthly.
Why did Zhang Canbin win the lawsuit? This is because the treatment of industrial injury insurance is the legitimate rights and interests given to workers by the Constitution and the Labor Law, and it is a compulsory social insurance system established by the state to protect the legitimate rights and interests of workers, promote safe production and maintain social stability. As a compulsory welfare treatment, industrial injury insurance is a natural right enjoyed by every enterprise employee.
The responsibility of students in class accidents lies in not listening to advice.
Zhang, a junior two boy from a rural middle school in a city, is very active and likes physical education class very much. But every year, the physical examination of school students found that he had congenital heart disease. He repeatedly advised his parents to treat him, but decided not to go to physical education class. His parents set up a factory outside the province to see that he was in good health. The school teachers and principals repeatedly called his parents to cooperate, but they all ignored him. He also told us that we were responsible for letting the school let Zhang go to physical education class. In order to be prudent, the school asked him to have a rest in the classroom, physical education class, and asked him to have a civilized rest indoors. After understanding, he can have a normal rest in the classroom.
One day, all the other students in the class went to physical education class outdoors, leaving Zhang alone in the classroom. Zhang is bored. He jumped into the classroom and reached for the fluorescent lamp. As a result, the light was smashed and the fragments hit him on the head, which not only caused trauma, but also caused heart disease. Fortunately, the teacher found it in time and sent it to the county people's hospital for rescue. The final escape cost 12000 yuan. Soon parents came to the school to ask for compensation, saying that this would not happen if the school let it go to physical education class.
So did the school do the right thing? It should be right, because the school is in accordance with Article 14 of the Regulations on School Health Work. "Schools should establish a student health management system. According to the conditions, students are regularly examined, and students' physical health cards are established and included in the student files. If the school finds that the students have organic diseases in the physical examination, it shall cooperate with the parents of the students for referral treatment. Schools should strengthen medical care and mental health work for disabled and frail students. "So later, parents stopped making claims.