Neixiang labor dispute arbitration committee hearing that the Neixiang County Board of Education Bureau of the Executive Neixiang the notification requirements of human labor, it did not support the request for Xie Airong.
lawsuit process twists and turns
Xie Airong Neixiang County, Henan Province, who previously was a department store Neixiang recruitment to work after the Labor Bureau of Personnel by Neixiang (now renamed Neixiang Personnel Labor and Social Security Bureau) system of permanent workers agree to all the people, then they are adjusted to Neixiang county towns education office.
50-year-old female teacher year legal battle.
1989 years, Xie Airong obtain primary level teacher professional technical qualifications. In 1996, she made school Teacher Certification.
Xie Airong filed two lawsuits, that is, a sigh:
final decision, Neixiang County Board of Education and Labour Bureau who did not fulfill, June 2, Xie Airong to the court for enforcement.
Xie Airong disputes that, think of themselves as people, teachers, workers should not be the standard retirement age (male 55, female 50 years old) treatment.
2010 年 1 11, Nanyang City Intermediate People's Court made the final decision, the Court of First Instance startup aborted seven-year civil proceedings and judgments in Neixiang County Board of Education after the commencement of this sentence 5 days in accordance with the provisions of replacement Xie Airong from January 2000 to August 2004 period should enjoy a variety of treatment and less fat salary, according to Xie Airong policies and regulations for health insurance. Neixiang County Board of Education and the defendant in this decision within five days after the commencement of payment of Xie Airong of transportation, lodging nearly 2,000 yuan.
Subsequently, Xie Airong apply for labor arbitration, requires Neixiang County Board of Education and resume their work, replacement of net wages.
after service of this Final Judgement, Neixiang human labor bureau of the final ruling, the appeals Nanyang City Intermediate People's Court for retrial.
2004, the Neixiang County People's Court decided the case for retrial, focusing on the
Obviously, Xie Airong was Neixiang who decided to retire before the labor bureau as a teacher, rather than working on behalf of religion, it is forced Xie Airong Neixiang human labor bureau as the nature of their retirement identification is wrong.
Neixiang human labor bureau, said the approval Neixiang retirement process, first head of the employing unit reporting to the Bureau of the Committee, signed the consent journalists labor bureau, labor bureau review were true, the order file notify the Office Committee for the retirement procedures.
clear one in the whole story to say, but also from a notice talking about retirement.
it all, from the 1980s to be talking about.
2007 年 12 28, Nanyang City Intermediate People's Court verdict: to maintain the people's court of first instance for retrial Neixiang ruling one, two; revoke the third.
2002 years, Xie Airong in administrative proceedings at the same time, to Neixiang County Board of Education as a defendant, to Neixiang human labor bureau for the third person, together bring a civil action, request an order Neixiang Board of Education and the third person as his unpaid salary, for pre-retirement health insurance, compensation for economic losses. The civil action subject to administrative proceedings result, it was suspended.
Recently, Nanyang City Intermediate People's Court made civil judgments, Neixiang County Board of Education decision enters into force in accordance with the provisions of this replacement Xie Airong should enjoy a variety of treatment and less fat salary, according to policies and regulations To Xie Airong for health insurance. Neixiang terms of human labor bureau is responsible for assisting the above obligations.
2009 年 11 13, Nanyang City Intermediate People's Court made the executive decision, ruled on the case for retrial.
< p> Cao Meng Xiang-Peng, the rule of law over the weekend reporter Xue Hongtaothe trial judge said that although Xie Airong files recorded in the labor status of workers, in accordance with state regulations should be 55-year-old male and female 50-year-old retirement age, but also has the qualifications of the teaching profession, and engaged in education and career over 20 years, a planned economy to market economy has a dual identity in the process who should be their main occupation retirement standard, 55-year-old female retirement age. Neixiang people directly exercise their powers to compel labor bureau to terminate the contract, a clear violation of the law.
2002 年 11 12, Neixiang County People's Court ruled that the plaintiff Xie Airong dismissed the claim.
Neixiang County, Henan Province People's Court that the Board for approval Xie Airong Neixiang workers who retire, he did not receive Xie Airong affiliation declaration and signed consent of the Commission Office related materials, are not legal , regulations and rules and regulations of the steps of the situation. In making the decision to retire Xie Airong, no notice will be informed of Xie Airong retirement, she has not served to inform their written materials and their rights, and thus a breach of the statutory procedures.
2006 年 6 30, Neixiang people's court ruling: the annulment of administrative decisions; revoke Neixiang Personnel Bureau Labor and Social Security retirement notice on the part Xieai Rong; Neixiang personnel and labor and social Security Council in this decision within one month after the commencement of the appropriate remedial measures (Neixiang County Board of Education to inform replacement Xie Airong from January 2000 to December 2004 period should be enjoyment of wages and other benefits).
then, Xie Airong and Neixiang County Board of Education (now renamed Neixiang County Board of Education) has signed an eight-year labor contract since September 1, 1996 until August 30, 2004 .
Xie Airong Although the identity of workers,[url=http://www.uggbootsclearancemalls.com/]UGGS Clearance[/url], but through the city (prefecture) level and above to obtain government approval of the personnel department there as a teacher should have all the qualifications, should not be retired as workers.
Xie Airong after eight years of administrative proceedings and finally won again.
ruling takes effect, Xie Airong is still not satisfied, appeal retrial.
Neixiang human labor bureau of the People's Court Neixiang retrial ruling, appeal.
after service of the civil verdict, Neixiang County Board of Education refused to accept the appeal.
but Xie Airong have all teachers should have the qualifications and documents, was appointed teacher positions, is a true teacher, not part of the work on behalf of education.
Neixiang that human labor bureau, Xie Airong is working on behalf of education, the working class. Act according to the text explains,
2010 年 1 11, Nanyang City Intermediate People's Court made the executive decision: to maintain the previous judgments.
court also held that, Neixiang human labor bureau issued the document, although the resulting impact on the plaintiff's substantive rights, but the personnel handling behavior, only neither the specific administrative act, not part of the people's court of administrative proceedings by the case.
retirement, was killed, except that every normal state cadres, workers must. However, the first individual retirement application, the unit reported to the unit in charge of audit, and then approved as a common practice by the labor department,[url=http://www.uggbootsclearancemalls.com/]UGGS Clearance[/url], in order to compel individual did not apply for retirement as an exception.
the same time, Xie Airong individuals did not apply for retirement, their education in the county towns of Neixiang office has not declared Xie Airong retirement unit in charge Neixiang County Board of Education has not reviewed the material submitted for approval shall be deemed to Neixiang people labor bureau examination and approval of Xie Airong retirement is no evidence that its decision Xie Airong retirement program illegal.
Xie Airong satisfied with the results of the arbitration, to the defendant Neixiang human labor bureau, administrative proceedings.
after retrial, Neixiang People's Court that the labor bureau for Xie Airong Neixiang people retire or not,[url=http://www.uggbootsclearancemalls.com/]UGGS Clearance[/url], though I did use the legal consequences in full compliance with specific behavioral characteristics of the elements.
Neixiang County, Henan Province, against the labor department of Xie Airong because of its early retirement and forced to play eight-year legal battle finally settled, the cost of effort is not self-evident.
case, the labor bureau forced Xie Airong Neixiang people retire, not only in violation of legal procedures, abuse of power are also in the laws, regulations and policies on the status of female workers, teachers should not in any retirement age clearly defined circumstances, it was decided Xie Airong retire at 50 years of age, in violation of the basic principles of administrative law.
However, December 20, 1999, Neixiang human labor Bureau issued Subsequently, Neixiang Board of Education in accordance with the notice requirements, stopped Xie Airong work,[url=http://www.uggbootsclearancemalls.com/]UGGS Clearance[/url], for its handling of the retirement procedures.
planned economy to a market economy in the transition process, the identity of workers,[url=http://www.uggbootsclearancemalls.com/]UGGS Clearance[/url], but in the highly technical business professional double, multiple identities of the citizens are not uncommon, the retirement age, how to determine the
retirement who is in charge
for the case, the judge said, the vital interests of the parties relating to retirement, handled carelessly will cause the unit to the parties and their heavy losses, and may lead to adverse consequences such as state compensation, therefore, the court approved the retirement labor department in the review the legality of administrative acts, not only from the entity to review, but also to examine whether the implementation of administrative acts to follow statutory procedures.
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