The Difference Between Labor And Labor Relations Is Huge. There Will Be No Automatic Conversion Between The Two.

The fourteenth clause and third paragraph of the labor contract law clearly stipulates that if the employer has not worked with a worker for a written labor contract for one year from the date of his own employment, he shall be deemed to have made an unfixed term labor contract between the employer and the employee.

However, Yin Xiaoqing encountered some special situations.

After the labor contract expires, she will continue to perform her duties in the original post and receive the treatment according to the original wage standard, which should be regarded as the continued labor relationship between the two parties.

However, the company interpreted this as labor relations and refused to pay the financial compensation for its departure.

For this reason, Yin Xiaoqing applied to the arbitration organization for payment of 90 thousand yuan of economic compensation.

Recently, the arbitration award upheld her request.

Yin Xiaoqing, 34, loves fitness activities.

In May 2010, she applied for a yoga instructor at a Sporting Club Hotel, and then signed a labor contract.

After the contract expired in May 31, 2015, she continued teaching at the club until March 31st this year.

In April 1st, she submitted a notice of termination of the labor contract to the unit.

As the club has not paid social insurance, Yin Xiaoqing offered to pay the unit when he left.

The main contents include: two times the wage difference of the written labor contract, the economic compensation for the dissolution of labor relations, the pension insurance compensation, the unemployment insurance compensation and so on, totaling 90 thousand yuan.

When the arbitration committee heard the case, the club suggested that after the expiration of the labor contract, the unit asked for a renewal of the labor contract with Yin Xiaoqing. For some reason, she herself made it clear that she would not renew her contract.

Therefore, the responsibility for not signing a written labor contract lies in her rather than the unit. Therefore, she does not agree to pay two times the wage gap.

The club argues that the practice of membership teaching is relatively fixed between coaches and trainees.

Because Yin Xiaoqing's position is a personal trainer, if suddenly replaced, it will easily lead to the loss of trainees, and then bring losses to the unit.

Therefore, the two sides agreed orally, from which they continued to teach the students who were enrolled by her, and the unit paid the service fee to them.

That is to say, the labor relations between the two sides have automatically become labor relations at this time.

Because labor relations are different from labor relations, their demands for severance compensation based on labor relations are not supported by law, and should not be supported by law.

The club believes that

The establishment of labor relations is required by law, and the contents of the contract are determined by the two sides.

When Yin Xiaoqing joined the office, she indicated that she was in charge of rural social insurance accounts and had no use for social insurance. She suggested that the unit pay some of the money paid to the social security department as salary to her.

The unit agreed to her request and did so. Therefore, no compensation should be paid to pension and unemployment insurance.

To this end, the club also submitted the testimony of employees, Li and Huang, to prove the proposition of the unit.

The summary of employees' performance submitted by the unit also shows that Yin Xiaoqing's performance from May 31, 2015 to leaving office is zero.

This shows that the unit did not assess Yin Xiaoqing's performance again. She herself did not carry out sales work again, and no longer recruited new trainees, and the labor relations between the two sides had been lifted.

Yin Xiaoqing did not approve of the proposition of the unit, and believed that the evidence provided by the unit was made unilaterally, with a strong randomness and tendentiousness.

According to the Arbitration Commission, the employees of the club, Huang and Huang, as employees, have a stake in their units. The testimony of their witnesses can not be regarded as the basis for determining the facts alone.

Judging from the facts acknowledged by both sides of this case, Yin Xiaoqing continued to teach in units after the contract expired, and the unit still paid for it according to the original wage standard.

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Moreover, the unit has no evidence to prove that the labor relationship between the two sides is terminated after the expiration of the labor contract and labor relations are formed, so the proposal of this unit is not accepted.

According to the relevant provisions of the labor contract law, the Arbitration Commission confirms that the two parties continue to have labor relations after the expiration of the original labor contract.

Since the two parties have not renewed the labor contract after the expiration of the labor contract, the unit shall pay Yin Xiaoqing a two times wage difference without signing a written labor contract.

The thirty-eighth provision of the labor contract law stipulates that if the employer fails to pay the social insurance premium in accordance with the law, the worker may terminate the labor contract.

Accordingly, Yin Xiaoqing proposed that the unit should be relieved of the relationship between the law and the law, and the unit should pay the economic compensation to the labor relations in accordance with the law.

Yin Xiaoqing has not paid his social insurance for the agricultural population of other cities, causing his personal legal rights and interests to be damaged. He should pay pension insurance and unemployment insurance compensation to him in accordance with the law.

In summary, the ruling unit pays the above amount to employees 90 thousand yuan.