Enterprises Should Be "Guilty Of Crime" If They Intentionally Lie.

To implement the CPC Central Committee and the State Council's opinions on building harmonious labor relations, we need to start with strengthening the rule of law guarantee for building a harmonious labor relationship, and make timely adjustments in the legal direction. Therefore, we can not calculate such acts against integrity and obstruction of justice.

When we go to court, we often need to provide sufficient evidence for proof, while individual employers often avoid falsifying and providing false evidence in order to evade their obligations. Many workers' rights and interests are thus lost or severely discounted.

Wu Yinfei, who reported "85" after this week's weekly report, has also met with his employer's offer of a false contract, trying to confuse right and wrong, so that he can not safeguard his rights.

Fortunately, after handwriting identification, he finally sought Justice (see the two or three Edition).

Summarize previous cases, units

Or perjury is mainly concentrated in four aspects: first, the denial of labor relations.

Because workers can not get direct evidence of labor contracts and other labor relations, such so-called rights and interests can be "free from all talk".

The two is to admit signing a written labor contract.

Since 2008, the law stipulates that a unit should not pay a double wage if it does not make a contract, so if the fact labor relationship is not dependent on it, but the contract is not signed, the unit often forges the contract or pushes the liability for the contract to the worker.

The three is to deny industrial injuries.

The four is to deny overtime, so that it pays less or does not pay overtime.

Why do units lie or even dare to fabricate evidence?

The law is not perfect, especially the burden of proof is loopholes, and more importantly, there is no consequence.

Neither economic consequences nor legal consequences.

Lying is lying, even if perjury is the last thing that should be paid.

Enterprises do not need to go to the credit reporting platform, nor do they need double compensation.

Obviously, if we do not curb this phenomenon, we will encourage fraud in disguise.

Because the muddy water may be able to escape the obligations that need to be done and worry about it, why not try it? But this is unthinkable in the field of criminal trial.

Therefore, the author believes that the field of labor dispute trial should be used for reference, that is, active recognition, initiative correction, refusal to recognize and perjury must have different results.

Just like "wages in arrears", if there is no money to forgive, if you dare to fake, you must be held accountable.

Related links:

The labor contract law stipulates that written labor contracts concluded by employing units and workers shall include essential provisions such as work contents and working places, and stipulates that the labor contract provided by the employer does not contain the legal liability for the essential terms of the labor contract.

Therefore, the employer and the laborer agree on the place of work in the labor contract, which is both a contract and a law.

In this case, the company and Ms. Chen's work place stipulated in the labor contract is the store owned by the company.

From the agreed content, it can be understood that any working place arranged by the company belongs to the working place agreed upon by both parties, and there is no specific specific direction.

Such an agreement essentially relieves the catering company of its responsibility to change the place of work from Shanghai to Guangzhou as an employer, and excludes Ms. Chen's right to negotiate as a laborer for changing the contents of the labor contract, which does not conform to the legislative purpose of the working place in the labor contract, and is evading the law.

It is true that the specific working place is specified by employing units and workers. Employers can also adjust their working place unilaterally according to the needs of production and operation. This is the embodiment of the employer's autonomy in employment.

However, the right can not be abused. The employer should bear the burden of proof for the reasonableness and necessity of adjusting the place of work.

In this case, Ms. Chen is the "three stage" female worker who is still in the lactation period, and is protected by law. The company has pferred it to Guangdong Province, which is obviously lacking in rationality.

It is difficult for the company to include a Guangzhou store in the work place specified in the contract and not to belong to the adjustment work place.

The thirteenth interpretation of the Supreme People's court's interpretation of several issues concerning the application of law in labor dispute cases stipulates that the employer shall bear the burden of proof as a result of the dispute arising from the decision of the employer to expel, remove, dismiss, rescind the labor contract, reduce labor remuneration, and calculate the working life of the worker.

In this case, the company thought that Ms. Chen was not obedient to the company's legitimate job pfer and did not work in the Guangzhou store. She was absenteeism and a serious violation of the company's rules and regulations.

As a matter of fact, after receiving the notice from the company, Ms. Chen made it clear that the location of the shift would affect the normal lactation of the baby, and that it was reasonable to continue to work in Shanghai during the lactation period.

And Ms. Chen did not agree that after the adjustment of the company's working place, she still went to work in the original duty place. The catering company accordingly believed that the absenteeism was unacceptable and should be deemed to be an illegal termination of the labor contract.

Article forty-eighth of the labor contract law stipulates that if the employer illegally terminates or terminates the labor contract, and if the worker requests to continue to fulfill the labor contract, the employing unit shall continue to perform. If the worker fails to continue to fulfil the labor contract or the labor contract can not continue to perform, the employer shall pay the compensation according to the eighty-seventh clause.

Therefore, Ms. Chen's request for resumption of labor relations with catering companies is based on the law.