"According to Article 21 of the 'Labor Contract Law Implentation Regulations,' when an employee reaches the statutory retirent age, the labor contract is terminated, so our decision to dismiss is reasonable and legal,"
Jiang Shubo said, looking at the materials in his hands.
Old Tang countered, "According to the 'Labor Contract Law,' when an employee is entitled to basic old-age insurance benefits according to law, the labor contract terminates."
"The 'Labor Contract Law' is devised by the National People's Congress Standing Committee, whereas the Implentation Regulations are rely administrative regulations formulated by the State Council, therefore, the Labor Contract Law should prevail over the Implentation Regulations in terms of effectiveness."
"However, because your company has never paid social security, our client has not been able to enjoy the basic old-age insurance benefits, hence their labor contract should not be terminated..."
Old Tang's core viewpoint was that the state stipulates a legal retirent age precisely because at this age, individuals can have old-age insurance benefits, aning they can live normally even without working.
This is the theoretical origin of the regulation.
But now, the termination of the contract cos with no benefits at all, and it is precisely because your company failed to pay for social security, so your company cannot unilaterally terminate the labor contract for this reason.
Upon hearing these words, Jiang Shubo furrowed his brows and subconsciously said, "She only worked in our company for three years, and before that, she was always working at the court."
"Even if our company makes retroactive social security paynts, it wouldn't be enough for her."
At this, Old Tang's eyes lit up: "So what you an is, the three years at your company simply aren't sufficient, and the reason doesn't fall on you, right?"
"Of course, when we signed the labor subcontract, the court officials also said that this batch of cleaners had been working for over a decade, so the problem definitely doesn't lie with us. She only worked for us for three years..." Jiang Shubo argued.
Old Tang smiled, as he had gathered enough evidence he needed.
"Yes, indeed, it was previously the court that failed to make social security paynts, but that doesn't an it has nothing to do with your company. Your company also failed to pay social security and should have known this,"
"Therefore, your company's dismissal involves clear violations..."
Since there was a normal employnt relationship, it was mandatory for the company to pay social security contributions.
So now, with the knowledge that no social security paynts had been made, and still using retirent age as the reason for dismissal, it is clearly a violation, irrelevant of the duration of three or five years.
Realizing that he might have been led astray, Jiang Shubo produced another contract and said, "But what we signed back then was a service contract, not a labor contract..."
Old Tang sneered, these companies never co up with anything new, always citing the contracts they've signed to evade labor contract obligations—such painstaking efforts.
But it's not about what your contract states, it's about whether you actually managed or not.
When there are clock-in records and attendance records, and you say you have a service relationship... see who believes that.
The court session ended, and after the adjournnt, the arbitration tribunal issued the arbitration decision.
The respondent, Hongtong Property Managent Co., Ltd., was ordered to pay the applicant, Wang Cuicui, a severance paynt of nine thousand yuan; the decision is final!
After the decision was issued, Jiang Shubo looked blankly, had he really lost in such a decisive judgnt?
anwhile, Old Tang was holding the Decision Docunt as he walked down the stairs.
At the window of the arbitration committee downstairs, Old Tang handed in another application and the corresponding evidence.
"Hello, I would like to file an arbitration claim,"
He Yisi, who had just finished arbitration, followed down and saw this scene, rubbed his eyes, and suddenly an idea popped into his mind—he couldn't be...
The staff mber inside the window looked the sa as ever, listlessly taking the application. Upon looking, he was imdiately stunned.
"This, the respondent is Anchang District Court??"
Old Tang nodded and said, "Yes, there is a labor dispute between the Anchang District Court and my client, which is why I have applied for labor arbitration."
The staff mber stared with wide eyes, despite working there for many years, she had never seen such an arbitration request.
Don't you want to take a look at whom you've applied against?
Our arbitration tribunal rules against a court? This must be a joke!
Not to ntion, if you need enforcent, you'd still have to apply to the court enforcent bureau...
After glancing at the application, it claid the court had failed to pay social security for his client, resulting in the client's inability to enjoy retirent insurance benefits now that they are retired, and it was already too late to make up the paynts.
And look at the claim, actually requesting the court to pay monthly?
"This situation... our leader will have to make a decision, you should go back and wait," the staff mber said.
"Alright, no problem, take your ti to review," Old Tang replied.
Old Tang turned and left, and the staff mber imdiately reported the application to the arbitration commission's leaders.
The arbitration commission leaders were equally puzzled when they saw the application and said bluntly, "We're not dealing with this, let whoever wants to deal with it do so, but we're not."
anwhile, Old Tang began to enjoy life in Xiping City. No matter how much he liked the court, labor disputes had to go through arbitration first.
Otherwise, you wouldn't even be able to file a case at the court.
Five days passed in a flash, and the arbitration commission neither accepted nor rejected the application, which was overdue.
Old Tang then went straight to the Anchang District Court with all the relevant materials.
Although the defendant was the Anchang District Court, the law doesn't dictate how jurisdictions should be handled when the defendant is a court, nor had the matter escalated to a higher court.
So Old Tang went directly to the district court to see if they would accept the case, if not, they were to indicate where it could be accepted.
At the registration office of the Anchang District Court, Old Tang, as usual, took a number and waited quietly, seemingly like any ordinary litigant.
Ten minutes later, at the registration window, the staff mber took the complaint and said, "A labor dispute, huh."
"Yes, a labor dispute. It was arbitrated by the district commission before, but they did not reply within the ti limit," Old Tang said.
"Hmm, I see. This defendant..." the staff mber froze.
Why does this defendant look so familiar? And why does the legal representative of this defendant also look so familiar? Isn't that our court president?
The court was actually being sued, and the plaintiff had even co to this court to file the lawsuit!
The staff mber was stunned for a good while before saying, "Wait a minute, comrade, are you... suing us, the Anchang Court?"
The latter part of their statent was so loud that it instantly drew the attention of everyone else in the office, so with puzzled looks on their faces.
Did I hear that right? Suing the court?
Old Tang nodded, with a smile on his face, "Yes, I've co to sue the Anchang Court. The Civil Procedure Law doesn't specify jurisdiction in such a case, so I have no choice but to co here to file the lawsuit."
A gulp was heard as soone swallowed hard. "Brother, what you're saying is, 'I'm here to sue your court.' First, look around; whose turf is this?"
Your sanity is definitely questionable; no normal person would do such a thing.
After a long pause, the registration office worker finally said, "I need to consult with our leaders about your situation..."
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