Workers Have No Right To Claim Compensation Due To Retirement Termination Of Labor Relations.

Staff members meet statutory requirements

After the age, the unit terminates labor relations.

Can employees ask the unit to pay the economic compensation for the termination of labor relations? Recently, the city court of Jining city has concluded such a labor dispute case, and dismissed the claim of the employee Li according to the law.

Li is a member of a coal chemical company in Jining.

In November 2013, Li had completed the retirement formalities due to the statutory retirement age, and terminated labor relations with the unit.

In January 2, 2014, Li applied for arbitration to the Jining labor and personnel dispute arbitration committee, and asked the coal company to pay the termination of the labor contract.

37700 yuan.

Li's request for support is not on the grounds of the scope of the labour dispute, and will not be accepted on that day.

Lee refused to accept the case.

After the trial, the court held that

"The forty-fourth clause, the second paragraph, stipulates that laborers shall enjoy the basic old-age insurance benefits in accordance with the law, and the labor contract shall be terminated.

In accordance with the provisions of the forty-sixth article, the employer pays the economic compensation to the laborer.

Therefore, Li asked coal companies to pay financial compensation without legal basis.

Finally, the court ruled that Lee's lawsuit was dismissed.

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After undertaking the project, the contractor illegally subcontracted and subcontracted the sub contractor, and the sub contractor finished the work without getting the construction cost.

In this case, is the contractor responsible for the debt? Recently, the Linshu County Court concluded the case. The first instance decision subcontractor Chen limited paid the sub contractor Yang's project 71400 yuan and interest, and the contractor of a construction company was jointly liable for liquidation.

In 2010, a construction company in Linshu contracted the construction project of a fertilizer company's factory building, and handed over the project to Chen's construction.

Last February, Yang completed the construction, Chen gave Yang a IOUs.

After Yang repeatedly urged the failure to go to court last year, asked Chen and construction companies to repay arrears of construction costs.

After hearing the case, the court held that the twenty-sixth interpretation of the Supreme People's Court on the application of law to the dispute over construction contract cases stipulates that the people's court should accept the case when the actual construction party sues the subcontractor and the illegal subcontractor for the defendant.

If the actual contractor claims the right of the defendant as the employer, the people's court may append the subcontractor or the illegal subcontractor to the case.

The employer is only responsible for the actual contractor within the scope of the underpaid project price. "

The construction company subcontracts the contracted project to Chen, who does not have the qualification of the employment subject. Yang is a subcontractor, and also a practical contractor for some projects. As a contractor, the construction company should be jointly liable for the debts owed.

Finally, the court made the decision.