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Hefei: "10 Year Milkman" Work While Safeguarding Rights

2015/3/18 16:11:00 24

HefeiWorkRights Protection

Hu Shouxun, a milkman, and a "labor dispute case" of a dairy enterprise in Anhui are again sitting at the Hefei new station court.

Prior to that, the case was changed from summary procedure to ordinary procedure, which lengthened the trial period.

It is reported that in the same day's trial, the original defendant and the defendant still debate around whether there is labor relations.

The case was not pronounced in court. Hu Shouxun, the plaintiff, said he would continue to work on the right side and uphold the rights and interests.

The issue of labor relations between Hu Shouxun and a dairy company has been reported by the newspaper. (see the January 12th version of the ten year milkman, the identity became "riddle").

It is understood that since Hu became the milkman of the enterprise in September 2003, he has repeatedly signed a labor contract with the enterprise and purchased social insurance. The business side refused to recognize the relevant requirements of Hu Shou's training on the grounds that the two sides had already signed the "processing agreement" and did not recognize the fact labor relationship between the two sides.

After the arbitration of the labor department and repeated litigation procedures, the case finally entered the substantive court stage in January 5th. The new court of the Yaohai District Court of Hefei city started the summary procedure.

In the trial, the defendant's dairy enterprises commissioned attorney that the fact that Hu Shouxun's relationship with the enterprise was "processing agreement" attached to the "processing contract" rather than "facts".

Labor relations

"Enterprises have the right to refuse to purchase social insurance for them, and the company terminated it in 2012.

Cooperation agreement

Hu Shouxun said he had been insisting on giving milk to enterprises after he had disputes over labor relations with enterprises.

"I gave milk to more than 500 owners, some of them have been in the past ten years. If they don't work, they will suffer losses."

He told reporters that after April 2014, the company only paid his wages every month, instead of issuing salary receipts.

After the trial, Hu Shouxun expressed disappointment that the court did not pronouncement the sentence in court.

"But anyway, I will stick to it. I believe that the law will eventually have a fair decision."

Hu Shouxun said he would not accept an out of court mediation with enterprises. "This is not my own business. I have more than 100 dairy workers like me. If I win, I help them indirectly."

It is understood that according to

civil procedure law

The judicial interpretation stipulates that the court of first instance may, on the basis of certain considerations, decide to turn to ordinary procedure before the expiration of the summary procedure, and the trial period can be increased by 3 months.

Hu Min, the plaintiff's attorney, thinks the case is of great social significance.

Similar groups such as milkman will have a wide range of interests and a long chain of interest. If they sign the "processing agreement" and "contract agreement" with the enterprises, they will make labor relations more complicated.

"Clarifying the labor relations of these groups is particularly important for safeguarding the legitimate rights and interests of workers."


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