Lianyuan City, Hunan Province, social security inquiries

I was recruited as a deliveryman in January 1991 by the post office of Lianyuan City, Hunan Province, and arranged to work in the sandstone post office. From 91 years onwards, there is no equal pay for equal work, the so-called labor insurance benefits are just like evidence of the hair point, sometimes not, overtime pay is not, in June 2003, because of the work needs, arranged for me to engage in the sandstone postal savings cashier work. 2003 December, Lianyuan City Post Office and I signed a written labor contract, but did not pay the social security. 2004 September, I and the Lianyuan City Post Office another In September 2004, I had a verbal dispute with another employee at work, and on October 25, 2004, Lianyuan Postal Bureau wanted to dismiss me. on December 6, 2004, I applied for labor arbitration, and on December 24, 2004, under the auspices of Lianyuan Labor Dispute Arbitration Committee, Lianyuan Postal Bureau reached a settlement agreement with me and undertook to continue to sign a formal labor contract with me. It is such an agreement to restore my labor relations, but the court said that it was self-settlement, dissolved the labor relations, which also has a third party certifier signed to prove that it is the restoration of labor relations (Lianyuan City Labor Security Administration did not order the Lianyuan City Post Office to pay my social insurance costs, at that time, I was not clear about the provisions of the law, according to the "Provisional Regulations for the Collection and Payment of Social Insurance Premiums," Article 12 provides: social Insurance fees shall not be reduced or exempted. (Article 13 states: If a paying unit fails to pay and withhold social insurance premiums in accordance with the regulations, it shall be ordered by the administrative department of labor security or the tax authorities to pay the premiums by a specified date.) However, after the settlement, the Lianyuan Post Office did not actually perform the settlement agreement, but only arranged for me to be a township postal commissioner and signed a commissioning contract with me, to which I was not convinced. on April 4, 2005, I applied for arbitration for this purpose again, and the Lianyuan Labor Arbitration Commission rejected the application on the grounds that the statute of limitations had expired. on April 14, 2005, I filed a lawsuit with the Lianyuan People's Court. on August 15, 2005, the Lianyuan Post Office signed a settlement agreement with me. On August 15, 2005, the Lianyuan Post Office signed a settlement agreement with me, in which the Lianyuan Post Office, on the basis of recognizing the previous labor relationship, promised not to terminate the labor relationship with me for at least the next two years. on October 31, 2005, in the Lianyuan Post Office, the Lianyuan Post Office allowed me to sign a labor contract with the Loudi City Labor Security Affairs Agency Center. There are other employees with the same as me to sign the same, WeiXie we say is 2004 Loudi post office and this labor export center what contract, otherwise can not go to work, also can not pay social insurance and so on, we also do not understand, just have to sign, on the same day, LianYuan city post office and I signed the so-called labor dispatch employment on boarding agreement, and still arrange me in the sandstone postal office as a sales clerk. But on November 27, 2005, they said that they wanted to terminate the labor relationship with us and asked us to sign the contract that they had printed in advance. (At that time in October 31, 2005, the post office did not terminate the labor relationship with us, but also asked us to enter into an induction agreement, as a state-owned enterprise, should have a legal adviser, but asked us to enter into such a number of clearly illegal, unjust and unfair agreements and labor contracts, and then on November 27, 2005, we were asked to enter into an agreement to terminate the labor relationship, these (These contracts and agreements are blank to us, the unit did not sign and seal, and did not give us back social insurance costs, but also did not give us this work for more than 10 years of employees economic compensation) April 2010, Lianyuan City Post Office to Lian post [2010] 26 documents arbitrarily found that I misappropriation of embezzlement, in violation of the financial funds operation and management system, the termination of the so-called on-the-job agreement, and I was not allowed to work again. In May 2010, I asked the Lianyuan Postal Bureau through my lawyer to withdraw the processing decision, but the Postal Bureau refused. on July 18, 2010, I filed a labor arbitration with the Lianyuan Labor Arbitration Commission, but the Lianyuan Labor Arbitration Commission did not open a case for trial after repeated reminders by the plaintiff, I was forced to file a lawsuit in accordance with Article 29 of the "Chinese People's Republic of China **** and the State Law of Mediation and Arbitration of Labor Disputes" with the court. Litigation. Requirements for the confirmation of my Lianyuan City Post Office and 1991 to 2011, up to 20 years of labor relations, make up for 91 years since the social insurance costs not paid, and require compensation according to law.

This case by the Lianyuan City People's Court, Loudi City Intermediate People's Court two levels of the court, the two courts have confirmed that since January 1991 to April 2010, I have been working continuously in the defendant Lianyuan City Post Office, and has been serving as the Lianyuan City Post Office in 2003, the sandstone postal savings cashier such core work has not been interrupted, but have rejected my Litigation request.

Rationale: "The court believes that the plaintiff Liu Dingfeng since 1991 to November 2005 with the defendant Lianyuan City Post Office labor relations, the two sides have been in 2005 to settle on their own, does not belong to the scope of this case; November 2005 to July 2010, the plaintiff Liu Dingfeng and the defendant Loudi City Labor Security Affairs Agency Center there are Labor relations." Then ask the court, I and the post office labor relations is 1991 to October 31, 2005 or to November 27, 2005, if to October 31, 2005, then November 27, 2005 post office why and I signed an agreement to terminate the labor relations in October 31, 2005 to November 27, 2005 my labor relations Where was my labor relationship from October 31, 2005 to November 27, 2005? During this period I have been working at the postal service without any break in employment and have been working as a postal salesman at the front desk of the postal service.

The court of first and second instance disregarded the facts, did not recognize such a clear labor relationship, and made such a judgment against the law, but considered the labor contract and induction agreement, which were obviously invalid in 2005, legal and valid, and actually harbored and condoned such a serious violation of the rights and interests of the workers in the reverse dispatch. First and second instance judges are legal experts, so common legal facts they are not unclear, I heard that these cases are first and second instance court hearing committee study, in March 2012 I applied for retrial to the Hunan Provincial Higher People's Court, in October 9, 2012 opened the hearing, but until now there is no result, an ordinary labor dispute case for three years, but also not the correct handling of the results, I do not know What is the purpose of the People's Court of Hunan Province? Is there any fairness and justice in this society? Is there any law? The law of the People's Republic of China is still useless.

Respectful leaders, and friends from all walks of life, please comment, this China is still not a constitutional society, is not the rule of law society? We should honor the law, the law is supreme. But Lianyuan City People's Court, Loudi City Intermediate People's Court arbitrarily trampled on the law, so blatant, the majesty of the national law! News seek body and no courage to public, I petition to the Lianyuan City Labor Bureau, Lianyuan City Bureau of Letters and Visits, Loudi City Bureau of Letters and Visits, are answered that you are dealing with the court, they are not admissible, do not want us to take a knife and a bomb to solve the problem? Twenty years of work but no social security, is this the **** the communist party's just and fair social security system?

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