How to write the defense of labor dispute arbitration

Respondent: Nanning XX Property Service Co., Ltd.

Legal Representative: Luo xx Position: General Manager

Address: omitted.

Respondent: Huang xx, male, born on X/X, 1979, living in xx District, Nanning, with ID number of 450 xxxxxxxxxxxx.

On June 12 and 1 1 day, the respondent received the Notice of RespondentNo. (20 12) of Nan Lao Zhong Tong Zi 1xxx accepted by your association and a copy of the respondent's application for labor dispute arbitration. Now I have been told about the defendant's case. According to the facts of the case and relevant laws and regulations, the defendant

1. The respondent claimed that the respondent deducted and defaulted on the national statutory holidays, high temperature subsidies and overtime pay of 45,087.05 yuan, which was not in line with the objective reality. This is pure fabrication.

The respondent believes that the respondent claims that he works 365 days a year, 56 hours a week, and does not rest all the year round. The statutory holidays, paid annual leave, high-temperature subsidies and wages stipulated by the state are unreasonably deducted and delayed, and he arranges overtime by himself but never pays overtime pay according to law, which is not in line with the facts and common sense. The reason for this is the following：

(1) According to Article 7 of the Labor Contract: "If Party B has sufficient reasons to submit a written application (please sign) to Party A to choose to purchase the' social security fund' by itself, relevant laws ... among them, Party A shall pay the part paid by the unit to Party B on a monthly basis in the form of salary; According to the stipulation that Party B shall pay the individual contributions by itself, the basic salary of the respondent is 680 yuan/month, but the salary actually received ranges from 1.200 yuan/month to 1.760 yuan/month, including the national statutory holidays, high temperature subsidies, overtime pay, social insurance premiums and other expenses, and there is no case of withholding or defaulting on the above expenses.

(2) According to the facts and evidence of this case, the Respondent has informed the Respondent of the basic information such as the work content, working conditions, working environment, professional requirements, and the nature, labor remuneration, labor discipline and rules and regulations of the employing unit (Yongning Credit Cooperative), and the Respondent has fully understood the above situation and voluntarily accepted the work arrangement sent by the employing unit. The respondent's job is not a high-tech job, but a public security coordinator, who can be competent as long as he is a healthy adult. At present, the monthly salary of the public security coordinator in the human resources market is basically maintained at the income level of 1000 yuan. If he really goes to work 365 days a year, the total salary and overtime paid by the company will reach about 6,000 yuan/month. Therefore, it is obviously unreasonable for the respondent to claim that the respondent requires the respondent to work overtime for a long time.

Secondly, Article 3 of the Labor Contract signed by both parties on 2065438+ 10+ 15 stipulates that the working time of Party B (the respondent) is 6 hours per day. Article 4: If Party B applies the employer's requirements to work overtime beyond the normal working hours arranged by Party A (i.e. the respondent), the employer (i.e. xx District Credit Cooperative) shall pay the overtime pay separately. Article 5: Party B's overtime work shall be confirmed and agreed by Party A in writing, otherwise it will not be regarded as overtime work. The handover register provided by the respondent was made unilaterally by himself, and it was not confirmed by the respondent or the employer, which was untrue and legal according to law and could not prove the fact that the respondent worked overtime continuously.

Furthermore, based on the facts and evidence of this case, the labor contract stipulates that overtime work must be approved by the respondent in writing, otherwise it will not be regarded as overtime work. In addition, the Labor Contract Law clearly stipulates that if overtime does exist, the employer will pay overtime wages. Therefore, the respondent believes that the respondent's request for the respondent to pay overtime pay has no factual and legal basis and should not be supported according to law.

2. The respondent's claim that the respondent needs to pay the pension, medical care, work-related injury, maternity and unemployment insurance premium of 1 October 201May 20 12 cannot be established.

Article 10 of the labor contract signed by both parties clearly stipulates that the probation period for new employees is one month. After the probation period, the company will purchase the "social security fund" according to the national standards, in which the part paid by the company will be paid by Party A to Party B in the form of salary every month, and the part paid by Party B personally will be paid by Party B. Therefore, the time starting point for calculating social security should be from 20 10/February 0 16, and the basic salary of the respondents is 680 yuan/month. It can be seen from the daily bank report provided by the respondent that the actual monthly salary of the respondent is around 1200- 1760 yuan, which proves that the social security fund that the company should pay has been paid monthly in the form of salary. It should be pointed out that when the respondent entered into a labor contract with the respondent, it had voluntarily signed Article 10 of the labor contract and confirmed that it would purchase social insurance by itself. If the respondent still asks the respondent to pay the social security fund for it, it shall return the social security fund it has received in the form of salary during the labor relationship.

Three, the respondent asked the respondent to pay the economic compensation of 8,437.50 yuan for the termination of labor relations and 4,200 yuan for the loss of unemployment benefits, which was unfounded in the law.

Article 1 of the labor contract signed by both parties has clearly stipulated that Party A (the respondent) can reasonably adjust Party B's post and place of work according to its personnel system, business needs and the performance of Party B (the respondent), and Party B is willing to obey. On may 2012 15, the respondent informed the respondent that Rong xx would take over his job as a safety officer on may 16, and asked the respondent to report to the company that the company would arrange a new job. However, the respondent disobeyed the normal personnel arrangement of the company, refused to report back to the company without justifiable reasons, and left the company automatically without justifiable reasons. So far, the respondent has not gone through the relevant resignation handover procedures. According to Article 15 of the Labor Contract and the relevant provisions of the Labor Contract Law, the respondent is not liable for economic compensation and unemployment benefits. On the contrary, the respondent left his job without proper reasons, and has not gone through the relevant handover procedures so far, and the security suit, work certificate and related materials have not been returned to the respondent, which has caused management and economic losses to the respondent. The respondent's claim is not only untenable, but also liable for compensation according to law.

Four. The respondent demanded that the respondent pay double the salary of 65,438+03 from July, 2065,438+0 to May, 2065,438+02, 500 yuan, which has no factual and legal basis.

According to Article 35 of the labor contract signed by both parties, the contract term is the third party contract year. The so-called "third party contract year" should be interpreted according to the true meaning of the employee and the employer, that is, the respondent and the respondent when signing the labor contract. Combined with this case, first of all, before being sent to the employing unit (xx District Rural Credit Cooperative Association), the respondent had already established a contractual relationship with the employing unit for property management and public security. After the respondent was sent to the employing unit, even today, the contractual relationship of property management and public security between the respondent and the employing unit still exists, and the entrusted relationship has not been suspended, interrupted or terminated from the beginning. Therefore, the labor contract in dispute in this case refers to "the contract term is the third-party contract year", and of course it should also be considered to be in a continuous state, and the contract term is relatively certain. The labor contract in this case will be automatically terminated only if the respondent and the employer suspend or terminate the entrustment relationship with official documents. It is not as the respondent understands that every time the contract with a third party expires, it is necessary to re-sign the labor contract with the dispatched workers again and again. Imagine that if every third-party contract expires and is renewed, the respondent needs to re-conclude labor contracts with hundreds of workers it manages. Such complicated work will inevitably lead to confusion in enterprise management, which is obviously unreasonable.

It should be pointed out that the tripartite civil legal relationship between the respondent and the respondent, the respondent and the employer, and the respondent and the employer in this case has been in a stable and continuous state. It is really necessary to conclude a new labor contract when the employer, work content, working conditions, working environment and professional requirements of the dispatched workers (dispatchers) have undergone major changes. To take a step back, if the employee continues to work in the employer because the employer has not gone through the formalities of dissolution or renewal of the labor contract, according to the relevant laws and regulations, the factual labor relationship is still formed, which is regarded as the continued performance of the labor contract. In this case, the respondent has reached the two-year period stipulated in the Labor Contract Law from1October 2015 to May 20 12 15 (the date of voluntary resignation). The contract signed by both parties and relevant laws and regulations should maintain the stable labor legal relationship in this case, which is the true intention and purpose of the labor contract concluded between the laborer and the employer. Therefore, the respondent thinks that the claim that the labor contract was not renewed from July, 20 1 1 year to May, 20 12, and the respondent was required to pay twice the salary, has no factual basis and legal basis.

To sum up, Huang xx, the respondent, disobeyed the normal personnel arrangement of the company, refused to report to the company without justifiable reasons, and left the company automatically without any reason. It is a serious fault that the respondent has not gone through the relevant resignation and handover procedures so far. It requires the respondent to pay national statutory holidays, high-temperature subsidies and overtime wages, pay back insurance expenses such as pension, medical care, work injury, maternity and unemployment, pay economic compensation for the termination of labor relations, compensate for the loss of unemployment benefits, and pay twice the salary of the unrerenewed labor contract. There is no factual and legal basis and it cannot be established according to law. Here, the Respondent implores you to reject all the appeal requests of the Respondent according to law and safeguard the legitimate rights and interests of the Respondent.

I am here to convey

Nanning Labor Arbitration Commission

Respondent: Nanning xx Property Service Co., Ltd.

201June 27th, February

PS: Guangxi Tongcheng Law Firm,

Address: Room 20 1 1, Shangdong Building, No.73 Zhuxi Avenue, Qingxiu District, Nanning.

Tel: 0771-5520114,

E-mail:112583459 1@qq.com.