2 Years Of "Job Hopping" Reported 15 Owners &Nbsp; &Nbsp; Won 13 Times To Get Compensation More Than 60 Thousand.
Yangzhou Dou, a 40 year old man who has just started his career, has changed nearly 20 jobs from 2008 to now. In the past 2 years, he has sent 15 "owners" to court. "Accusations" are all in violation of the provisions of the employment law of labor law. Among them, 13 cases were won, and 60 thousand yuan was awarded in the light of economic compensation. Lao Dou has won a title: "touch porcelain". Professional rights holders "And" fans "friends call him affectionately. Uncle job hopping "
Legend of "job hopping uncle" Resignation to sue 15 times, 13 wins.
Lao Dou is the "regulars" of Weiyang District Court in Yangzhou. Almost every 2 months, the judges of Weiyang district court will receive his new "plaint". The object of the prosecution is the "family" before Lao Dou. The reason for the lawsuit is that the company has not signed labor contracts or arrears of overtime pay in accordance with the law. From the second half of 2008 to the present, Lao Dou sat on the plaintiff's bench for the 15 time, and won the 13 time.
Although Lao Dou's "old family" also expressed their grievances in court, they said they initially offered to sign a labor contract with Dou, but Dou did not want to. In order to reduce their expenses, the company did not have "hard sign". The latest case was concluded in September 16th this year. Dou also won a car sales company and got a compensation again. Plus the previous compensation, in less than 2 years, Lao Dou has got 60 thousand yuan.
Many people became his fans.
"Job hopping uncle" has attracted many fans' brilliant achievements in the lawsuit of rights protection. Among them, a friend of Dou's friend Li saw that the right protection was profitable and joined. Since 2009, Li has frequently switched jobs, most of his units have not signed a legal labor contract with him, and he has not paid all kinds of insurance for him. After leaving, Li went to court with several old clubs, and most of them won the lawsuit.
Yangzhou Weiyang Court People's court statistics show that since 2008 to date more than 2 years, labor disputes similar to Lao Dou and Li Mou accounted for more than 20% of the total number of labor cases, other courts similar cases also increased year by year, and these small and medium-sized enterprises that deliberately choose employment are not standardized when they find jobs.
The confession of "job hopping uncle" is "I was forced out."
Dou lives in the north of Yangzhou city. Yesterday evening, reporters found him near the Jiangyang Industrial Park in Yangzhou. After understanding the reporter's intentions, Lao Dou sighed with surprise. "So many lawsuits have been fought," he said.
All this must start with Lao ti's first labor lawsuit. The case was lost by Lao Dou. He worked at a painting workshop of a bus company. He worked overtime, but the company did not pay overtime. He represented many times on behalf of his colleagues. Originally wanted to endure tolerance even though, but after a period of time suffocated, then a piece of paper complained to the Guangling court of Yangzhou. But because of the limitation of action, the lawsuit did not win. This made Lao Dou depressed for a long time and left the company with a bad breath. Since then, Lao Dou came to work in a auto parts factory. Soon after, the factory said he could not find any business, workers were temporarily off, and when to return to work. After waiting for a while, Lao Dou passed through the factory gate and found that the production was normal. The old angrily demanded the factory to shift its own labor insurance and demanded compensation. But when filling out the form in the social security center, it is written in the column "leaving the unit cause" that is "resignation" two characters, and once again laid the foreshadowing for the failure of the next lawsuit. Two consecutive lawsuits ended in defeat, which gave him a great deal of excitement.
"The enterprise gave me a hard time and I didn't respect the workers, and I didn't know the loss of the law myself. I could say that my heart was suffocating and I would win the lawsuit later."
"I can't afford a lawyer, I teach myself."
Because his family was not rich, Lao Dou didn't ask counsel for the first time in two lawsuits. In order to master certain legal knowledge, only the junior high school culture, he worked hard to learn law from dawn to dusk, and soon became a "legal pass". He also got a diploma in correspondence Law: "I can't afford a lawyer, and I'll teach myself".
With knowledge and preparation, Lao Dou soon turned a corner. In the second half of 2008, he brought a machinery factory to court. Not only did he sign labor contracts with him, he did not pay social insurance for him, but he also repeatedly paid overtime wages. After the court accepted the case, because the case was clear, the court started the quick judgement procedure, not only sentenced Lao Dou to win the lawsuit, but also decided that the factory paid a lot of arrears of wages, overtime and insurance premiums.
The first battle was successful, and Lao Dou was emboldened. Since then, whenever there are labor disputes at work, he always habitually compares himself with the law to protect himself. He has become a "frequent visitor" of the court. "At the beginning, I was fighting for the tone, that is, let the enterprise get a low head and admit a mistake, then gradually became a habit." the enterprise infringed on my interests. Why didn't I pick up the legal arms to protect the rights? "Lao Dou said that litigation was not an end, but he asked the enterprises to sign contracts one after another, and three of them did not want to pay for their own insurance.
"They do not sign, I do not remind."
After the 12 lawsuit, like the first "successful" lawsuit, the "Dong family" without exception did not sign labor contracts with Lao Dou. The latest case was concluded in September 16th of this year. Dou also won a company and got a compensation again. For the "old club" accused Lao Dou unwilling to sign the contract, Lao Dou insisted that he had not been "unwilling to" sign the contract, "they are not signing, I do not want to remind."
Lao Dou said, "the labor department once asked me," if you don't sign a contract, can't you go to work? "I said," how can I live without going to work? Signing a contract is the legal obligation of employers. So many companies do not sign contracts and run counter to labor laws. "
At the moment, Lao Dou worked in a mechanical factory in the north of Yangzhou for more than 2 months without signing a contract. "I do not rule out the possibility of my present employer." Lao Dou said that in the future he would have to sue for his "irresponsible" family.
The job of "job hopping" is 10 yuan in litigation costs, and several thousand yuan can be won.
Over the past 08 years to more than two years, the 15 owners who had been sued by Lao Dou stayed the longest months, with only more than 20 days in short. "That's a mechanical factory. My boss told me that I had been in a lot of lawsuits, and that you were too naughty to come to work tomorrow. I was on fire, you are too casual, the contract is not signed, I will not tell you who to sue. Lao Dou said that many of his lawsuits were related to business owners' disrespect for themselves, but frankly speaking, they had economic interests to consider their lawsuits. After all, the family economy is not very good, and the monthly salary of work is one thousand or two thousand yuan. "Those lawsuits that were won were in court, and there were mediation out of court. The maximum compensation was ten thousand yuan, which was several thousand yuan in normal. I also paid time, energy, collecting evidence and writing the cost of the indictment. Fortunately, the cost of litigation is not high."
Insiders revealed that a small number of workers who knew the law used the mentality of enterprises to covet their immediate interests and did not want to sign labor contracts with laborers. They did not take the initiative to ask for contracts, or even "avoided" signing contracts. The irregular employment of enterprises has virtually stimulated the emergence of "touch porcelain" professional rights activists. In addition, in order to protect the rights and interests of ordinary laborers, the cost of labor litigation is very low, such as litigation without signing labor cases, as long as 10 yuan of litigation costs, laborers have almost no litigation costs. (
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