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00:02:46. No labor contract, so Lu suffered
00:02:49setbacks. This job seems relatively free, but in fact
00:02:53it is completely unsecured
00:02:55.
00:02:58No.
00:03:23This is an accident scene. The location is Guiyang Logistics Avenue, Xiuwen County, Guizhou Province. The courier drove into a truck parked on the roadside
00:03:27, carrying goods .
00:04:30The traffic accident itself was not complicated , and the police quickly determined
00:04:34the responsibilities of both parties. However, after the courier Xiao Liao was injured, he experienced two labor
00:04:38arbitrations for work-related injuries , and then the
00:04:42first and second instance trials , which lasted nearly two years
00:04:46.
00:04:48The reporter met Xiao Liao. His leg injury had recovered. Xiao Liao said that
00:04:52his injury was quite serious
00:04:53at that time.
00:06:43When I get to that road, I'll call him again.
00:06:58The packages were scattered all over the ground . A kind passerby
00:07:01helped me out of the car . Because that
00:07:05was always checking, checking that leg. So, they
00:07:09moved the car, moved it aside , and then got me out.
00:08:25The company sent someone to collect the scattered packages at the scene. Xiao Liao was sent to the hospital by his family
00:08:29. He was diagnosed with a comminuted fracture of the upper femur
00:08:32, multiple skin lacerations, and soft tissue damage all over his body, requiring surgery
00:08:36. After that, Xiao Liao underwent two surgeries
00:08:39.
00:09:42Just, just had a body for not long .
00:09:46Still young at that time . That period was quite difficult.
00:09:50Yes. Xiao Liao and his family all believed that Xiao Liao's injury while delivering packages
00:09:54should be a work-related injury , and the company should be responsible.
00:09:58However, when he was injured and hospitalized, no one from the company came to visit him
00:10:01.
00:10:11thing. Then.
00:10:55From the background of the photo, you can see that he was
00:10:58doing a courier job.
00:11:12The issue of responsibility compensation . The lawyer told Xiao
00:11:15Liao's father that he believed Xiao Liao should receive two parts of compensation
00:11:19: one part for the traffic accident and one part for the work-related injury
00:11:23. After that,
00:11:58the first arbitration failed because the materials were incomplete
00:12:01.
00:12:06After organizing the core evidence, Xiao Liao applied for labor arbitration again
00:12:09. The employer's responsibility cannot be evaded. "Today's说法"
00:12:13is currently being broadcast .
00:12:15The lawyer told Xiao Liao that to get compensation for work-related injuries, he needed to first
00:12:19confirm the labor relationship and apply for work-related injury recognition
00:12:23. Then he would receive compensation according to the standards, and a labor
00:12:27contract is the basic prerequisite for confirming a labor relationship
00:12:31. Xiao Liao said he had not signed a labor contract with the company, and he didn't even
00:12:35know the company's name . This job seems relatively
00:12:39free, but in fact it is completely unsecured .
00:12:41But then he remembered that a colleague told him that the day after his accident
00:12:45, the company signed labor contracts with more than a dozen other couriers
00:12:49. Now, the lawyer felt they still had a chance to win
00:12:52. But he revealed a crucial piece of information . He said that the day
00:12:56after his accident , all employees of the company
00:13:00signed a labor contract . I think he
00:13:04had other motives . First, he wanted to
00:13:08use other colleagues
00:13:11.
00:13:14Also, to compare with Xiao Liao. To say that other people
00:13:18all signed labor contracts , but Xiao Liao is not our employee
00:13:22, so we didn't sign a labor contract . This way
00:13:25to evade legal responsibility . So I think that
00:13:29there is a motive involved. At the same time, Xiao
00:13:33Liao was told that the company that signed the contract with them was called Guizhou Huaxia
00:13:36Xing Commercial Trade Logistics Co., Ltd. So Xiao Liao named this Huaxia
00:13:40Xing company as the respondent and filed an application for arbitration
00:13:44with the Xiuwen County Labor Personnel Dispute Arbitration Committee
00:13:47to confirm the labor relationship . He also agreed to lend him this labor contract
00:13:51and agreed to appear in court
00:13:58. However, before the arbitration hearing, the colleague who promised to testify went back on his word
00:14:02. Don't for , I understand them, you know
00:14:06? The arbitration started. The representative of the respondent, Huaxia
00:14:09Xing Company, believed that Xiao Liao had no
00:14:13relationship with their company . He countered that
00:14:17our evidence is, first, he does not have a relationship with us
00:14:21. Second, our business is handled by
00:14:39the representative of the respondent, Guizhou Huaxia Xing Commercial Trade Logistics Co., Ltd. stated
00:14:42.
00:14:47Guizhou Shangda and Xiuwen Haoyunda . These two companies
00:14:51joined the express delivery business, but Huaxia Xing Company mainly
00:15:25in the express delivery industry, the employment and working methods are very flexible, which also led to
00:15:28Xiao Liao not knowing which company he was actually working for
00:15:32. I
00:15:35only know that I went to do it. I did the work
00:15:38. You pay me . That is to say, although you
00:15:42should have rejected Xiao Liao's appeal, you
00:15:46still communicated with Xiao Liao's lawyer .
00:15:49Change the subject
00:15:51. Although the arbitrator rejected Xiao Liao's application
00:15:55, he still gave Xiao Liao a reminder to change the respondent
00:15:59and apply for arbitration again . So, Xiao Liao filed
00:16:02for labor arbitration a second time . The respondents were two companies, Guizhou
00:16:06Changda and
00:17:31This time, the labor arbitration determined that there was a labor relationship between Xiao Liao and Xiuwen Haoyunda Company
00:17:34. In addition to the opinions of the
00:21:23defendants, the judge in this case also visited the arbitration committee
00:21:27to understand the basis for the decision
00:21:30. So they also had an internal agreement issue before
00:21:33. Made.
00:21:47One shareholder is this ,
00:21:52Subsequent trial investigations showed that Tang was both a shareholder and general manager of Xiuwen Haoyunda Company
00:21:56, and the actual person in charge of Zha Zuo Distribution.
00:21:59He issued work instructions in a WeChat group under the name of Yunda Tang
00:22:03and imposed penalties for overdue deliveries. Xiao
00:22:07Liao started delivering after sorting between 9 am and 9:30 pm every day
00:22:10. Morning shifts were to be completed before 2:30 pm on the same day
00:22:14, and evening shifts were to be completed before 6 pm on the same day
00:22:18, otherwise
00:24:20one third of these cases focused on confirming labor relations
00:24:24as the main point of contention .
00:24:27The signing rate of labor contracts
00:24:31is too low .
00:24:33The reporter learned that new employment models are constantly emerging, but legal regulations
00:24:37are relatively lagging. Many employers deliberately avoid signing labor contracts
00:24:41. Once a related work-related injury accident occurs, it provides no
00:24:45guarantee for workers . But if it goes to court
00:24:49.
00:26:02This is a different legal relationship , so this
00:26:06cooperation agreement cannot produce
00:26:09direct legal effects on subsequent matters. In this case, we noticed
00:26:13several key points: no labor contract was signed , no corresponding social security insurance
00:26:17was paid , etc., only an
00:26:21agreement to resolve
00:26:22the case.
00:26:28Rather than a so-called labor relationship . What do you think of this kind of sub-contracting ?
00:28:32Subcontracting means that after I subcontract, what I do next has nothing
00:28:36to do with you. I just deliver the goods as required . But labor is
00:28:40different. They complete an action according to the employer's
00:28:44instructions. So the court always holds that this compliance
00:28:47is under the employer's instructions
00:28:50. So this being directed, we
00:28:54call it, in legal terms , personal subordination, meaning I am
00:28:58subject to your management . Having the power to supervise and manage
00:29:01workers
00:29:32. Birds are an important component of the natural ecosystem
00:29:36. Our country's
00:29:38Wild Animal Protection Law . Even for
00:29:42illegal departments , buying
00:29:44, selling , transporting
00:29:48, using nationally protected wild birds
00:29:51. Illegal methods
00:29:53. Love birds and care for birds. New
00:29:57industries and workers' efforts support the operation of cities
00:30:01. Their labor protection should not be circumvented
00:30:05by outsourcing, cooperation, subcontracting , and other names
00:30:09. No matter how employment forms change , as long as there is an actual
00:30:12labor relationship, employers must undertake the statutory responsibility
00:30:16of signing labor contracts, paying social insurance, and ensuring fair compensation
00:30:20for work-related injuries . Let workers receive their due
00:30:24remuneration, and compensation for injuries. This is the bottom line of a society governed by the rule of law
00:30:28, and the warmest protection for every fighter
00:30:31. Thank you for watching today's "Today's说法", and thank you Teacher Li
00:30:35for your discussion with me. Welcome to continue to pay attention to CCTV Comprehensive Channel. Next
00:30:39up are other programs. Goodbye.
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