The Name Of The Company Is Changed Several Times, And The Labor Contract Must Still Be Executed.

Henan Xintai Pharmaceutical Co., Ltd., located in Zhumadian, was formerly the Institute of biological products and pharmaceuticals, Ji'nan military region. In May 2001, it was renamed Zhumadian Zhongtai Pharmaceutical Co., Ltd., and later renamed Henan Zhongtai Pharmaceutical Co., Ltd., and was renamed Henan Xintai Pharmaceutical Co., Ltd. (hereinafter referred to as Xintai company) in October 2008.

In 2000, Zhumadian citizen Zhao Huazhou applied for the company's sales work.

In 2010, the two sides also signed an unfixed term labor contract.

However, by 2011, calm was broken, both sides were

And went to court.

In 2011, Xintai company terminate its labor contract with Zhao Huazhou's performance failing to meet the company's requirements.

Zhao Huazhou became angry and began to take legal weapons to safeguard his legitimate rights and interests.

There was a reason for Zhao Huazhou's anger. During his work in Xintai company, the company only paid the endowment insurance premiums from September 2007 to September 2011 and medical insurance premiums from October 2007 to September 2011.

In addition, the company still owes 218751.5 yuan to Zhao Huazhou's sales commission.

Zhao Hua Zhou applied for arbitration to the Zhumadian labor and personnel dispute arbitration committee. The Arbitration Commission issued an arbitration award in December 20, 2015. The ruling is: first, Xintai company pays Zhao Huazhou's economic compensation 14145 yuan (1230 yuan / month 11.5 months); two, Xintai company paid for Zhao Huazhou's old-age insurance premiums from January 2007 to August 2007, medical insurance premiums from January 2007 to September 2007, and unemployment insurance premiums from January 2007 to September 2007 (all of which did not include personal payment, and the specific amount was calculated by the agencies); three, dismissed the other arbitration requests of Zhao Hua Zhou.

After the ruling, Zhao Huazhou refused to accept civil proceedings in the people's Court of Yicheng District in Zhumadian during the statutory period. In the lawsuit, Zhao Huazhou asked the court to order Xintai company to pay the "three gold" from June 2000 to September 2007 and September 2011 to date, and pay 45 times the double wages and the economic compensation.

After hearing the case, the people's Court of Yicheng District held that, according to the thirty-third provision of the labor contract law, the change of name, legal representative, principal person in charge or investor by the employing unit will not affect the performance of the labor contract.

In this case, the name of Henan Xintai Pharmaceutical Co., Ltd. has been changed for several times, and it does not affect its rights and obligations.

Zhao Huazhou's endowment insurance manual shows that its participation time is June 2000, and it is believed that the time of Zhao Hua Zhou Xin Tai's office is June 2000.

Xintai company unilaterally terminates the labor contract on the basis of the agreement between the two sides, and fails to provide evidence of consensual agreement between the two parties, and does not provide the basis for Zhao Huazhou to deliver the certificate of employment contract. Therefore, Xintai's unilateral rescission of the labor contract is inappropriate and should be corrected.

According to

The seventy-second article stipulates that employers and workers should participate in social insurance according to law.

As for Zhao Huazhou's claim that 45 months' double wages should be paid, the employer should pay double wages to the laborers instead of signing the labor contract with the laborers, which is a punishment for the employer instead of the labor remuneration. It should be limited by the limitation of arbitration. According to the twenty-seventh provision of the labor dispute mediation mediation act, the limitation period of the labor dispute application arbitration is one year. In December 1, 2010, when Zhao Hua Zhou and Xin Tai Company signed an unfixed term labor contract, they should know that their rights were infringed. They should be advocated and not advocated, so the request has exceeded the arbitration prescription and has not been supported.

In accordance with the relevant provisions of the labor law, the labor contract law, the civil procedure law and other relevant legal provisions, the court of first instance makes the following judgments: first, the labor relations between Zhao Huazhou and Henan Xintai Pharmaceutical Co., Ltd.; two, Henan Xintai Pharmaceutical Co., Ltd. to pay for the pension insurance premiums from June 2000 to August 2007 and September 2011 to January 2016, and the unemployment insurance premiums from June 2000 to September 2007, from June 2000 to 0, and the unemployment insurance premiums of the yuan to Zhi (the above does not include personal payment, the specific amount is calculated by the handling mechanism); three, the Henan Xin Tai Pharmaceutical Company Limited will pay Zhao Huazhou within ten days after the decision comes into force.

19680 yuan; four. Henan Xintai Pharmaceutical Co., Ltd. paid ten yuan for the royalty of Zhao Huazhou for 218751.5 yuan after the decision came into effect.

Regarding this, Xintai company refused to accept it and appealed to the Zhumadian intermediate people's court.

Recently, the court of second instance made a final judgment: dismissed the appeal and upheld the original judgment.

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