The company has never bought us five insurances and one gold and signed a contract. Do you still need to pay now?

Agroelectricians need to sign a contract.

First, the formation of agricultural electrician employment system.

1999 before the reform of rural power system, the power grid implemented the urban-rural dual system, and the power supply enterprises at the county and township levels were basically two independent accounting units, and most of them were wholesale. County-level power supply enterprises are state-owned enterprises, and the personnel are all-people contract employees, while township (town) power supply enterprises are collectively owned, and the employees are township collective employees or temporary workers. According to the State Council Guofa [1999] No.2, State Economic and Trade Electric Power [1999] No.294 of the State Economic and Trade Commission and State Power Corporation Guodiannong [2000] No.442, it is clearly stipulated in the rural power system reform that "township power supply stations will be completely subordinate to county power supply enterprises, and their personnel, finances and materials will be brought into the unified management of power supply enterprises. Guo Ban Fa 1998 134 stipulates the unified management of urban and rural low-voltage distribution networks. The rural power management station will be changed to the power supply station owned by county-level power supply enterprises, responsible for the operation, maintenance and management of rural power grids, and its people, finances and materials will be brought into the unified management of county-level power supply enterprises. The original staff of the township power management station was changed to the current agricultural electrician team. No longer the original village electrician, but the real full-time staff of the power supply company. Among them, the fourth point of the document "On personnel management" in China Economic and Trade Electric Power [1999] No.294 particularly emphasizes: "After the township electric power management station is changed into a power supply station, all personnel will be included in the unified management of power supply enterprises.

1999 "Notice of the State Council on Approving the Opinions of the State Economic and Trade Commission on Accelerating the Reform of Rural Electric Power System and Strengthening Rural Electric Power Management" (the State Council Guofa 19992 document) reformed the management mode of county and township power supply enterprises in the rural electric power management system, and changed the township (town) power management station into a power supply station or business office owned by county-level power supply enterprises, and their people, finances and materials were owned by county-level power supply enterprises. The personnel of the original township (town) fulgurite station will be appointed by the county-level power supply enterprise after passing the examination and become the employees of the county-level power supply enterprise. However, due to the different employment systems, these employees are different from the original employees of county-level power supply enterprises. People usually call the former employees of county-level power supply enterprises wholesale employees conceptually, while the electric workers in rural (town) villages are called rural electricians.

However, rural electricians are managed by county-level power supply units in a unified way, with unified training and examinations and unified payment of wages.

Third, the reality of agricultural electrician

After the rural power enterprises are included in the national grid according to the national policies and relevant documents, the prospects of agricultural electricians are facing many uncertainties and unfairness.

1, the identity has not been determined, and there is no sense of belonging. The county-level power supply enterprise, the main body of the original agricultural electrician's contract, no longer exists as a legal entity. The agricultural electrician's labor contract is actually a continuation, and the work is completely continuous, and the identity of the agricultural electrician is inaccurate. Under the new situation of institutional reform and employment reform of State Grid Corporation, various policies and schemes have been introduced one after another, including the future of agroelectricians, and we may also be separated from State Grid. These have greatly dampened the enthusiasm of agricultural electricians, affected the stability of enterprises and reduced the cohesion of enterprises.

2. The sharp drop in wages and salaries has significantly widened the gap with workers in the wholesale industry. During the period of working in county-level power supply enterprises, enterprises gradually reduced the treatment between agricultural electricians and wholesale workers through various forms such as bonuses, welfare, construction operation subsidies and multi-share dividends. However, after the implementation of the plan, some income disappeared. With the development of social economy, the income of agricultural electricians also belongs to low-income people in society, not to mention compared with wholesale workers.

3. The difference between various treatment methods. Agricultural electricians shoulder most of the work of rural power grid, but the treatment can't reflect their workload. Enterprises treat employees engaged in the same job in a dual way, and agricultural electricians encounter de facto discrimination. Don't say it's institutional. Reform has been going on for more than 30 years. Do we still have to deal with today's problems with the old days of planned economy? The new labor law has been promulgated, and everyone is a migrant worker, not to mention the different channels of expenses. This is only a financial problem within the enterprise, which cannot reflect the distribution according to work mentioned in the labor law. Moreover, the use of low-dimensional fees, as its main agroelectrician, is not clear. According to national policies and relevant documents, agricultural electricians enter the state grid together with the related assets of rural low-voltage networks, and their work depends on their related assets, so they should not be deprived of their working rights and welfare in violation of national policies.

It is reported that Liaoning Electric Power Co., Ltd. began to send agroelectricians to the newly established rural electric power service company by region. This is a typical illegal act of reverse dispatch, in order to avoid the legal responsibility of the newly implemented labor contract law and not bear the social responsibility of its employer, which seriously violates the labor law and labor contract law.

1. We are not temporary workers in the Rural Power Bureau. We are employees of the Agricultural Power Bureau. 1992 the Ministry of labor issued the notice on handling opinions on the trial implementation of the full-time labor contract system. Article 5 of the Notice stipulates: With regard to the collective "mixed-post workers", after the trial implementation of the full-employee labor contract system, enterprises should simultaneously carry out comprehensive reform of wages, insurance benefits and labor planning systems, and the original urban collective "mixed-post workers" should be changed to laborers.

The former General Office of the Ministry of Labor clearly pointed out twice in the replies of "Request for instructions on whether there are problems in the employment form of temporary workers" (No.2 1996) and "Request for instructions on temporary workers" (No.238 [1996]): "The question of whether to retain temporary workers. Therefore, the "temporary workers" in the past have long since ceased to exist.

2. According to the relevant provisions of the state, after the written labor agreement signed between us and the former Rural Power Bureau expires, employees who have worked in the former Rural Power Bureau for more than ten years shall sign a written labor contract with no fixed term according to law. The document [1996] No.354 issued by the Ministry of Labor stipulates that in the process of transforming the fixed-term labor system into the labor contract system, according to the provisions of the labor law, if both parties agree to extend the labor contract after working in the same employer for more than 10 years, the laborer shall propose to conclude an open-ended labor contract.

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, the Supreme People's Court, 200 1, Interpretation of Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, Paragraph 2 of Article 16 stipulates: "According to Article 20 of the Labor Law, if the employer should sign an open-ended labor contract with the employee but fails to sign it, the people's court may consider that there is an open-ended labor relationship between the two parties, and determine the rights and obligations of both parties with the original labor contract".

To this end, our agricultural electricians have been working continuously for ten years or more. Although no long-term labor contract was signed at that time, the actual labor relationship between the two parties has been six, seven or even more than ten years, and they are still working in the power supply branch, and the two sides have formed an indisputable labor relationship.

5. In order to avoid the legal responsibility and social responsibility of the Labor Contract Law, the power supply company used its strong position to plan us to sign a labor contract with the so-called rural power service company without clear legal reasons, which is a serious illegal act of reverse dispatch.

Reverse dispatch means that there was a normal labor relationship between the laborer and the employer, but the employer threatened to ask the laborer to terminate the labor contract under various excuses, and then asked the laborer to sign a labor contract with the designated labor dispatch unit, and the labor dispatch unit "dispatched" the laborer back to the unit where the laborer had been working.

According to the provisions of the Labor Contract Law, whether it belongs to illegal dispatch such as reverse dispatch can be judged mainly from the following aspects. First, whether the laborer signed the labor contract with the labor dispatch unit voluntarily or not, and whether it was threatened by the "employer". If the laborer is forced to sign such a contract, the contract is invalid. The second is whether there is any other evidence to prove the false dispatch. For example, after the signing of the labor dispatch agreement, the post and work treatment have not changed, and the work certificate is also issued by the "employing unit". It can be inferred that there is a factual labor relationship between workers and "employers". Third, whether the dispatch activities comply with the relevant provisions of the law, such as whether the work is temporary, auxiliary and alternative; Whether the founder of the labor dispatch unit is an "employing unit" and so on. The planning behavior of the power supply company does exist in the above three aspects, which obviously constitutes a serious illegal act of reverse dispatching.

As an employer's plan, the way of reverse labor dispatch is to try to clear the length of service of employees in the unit. After the length of service is zero, the corresponding benefits can only be calculated from zero, and the obligations that the former unit failed to fulfill will be cancelled. Undoubtedly, reverse labor dispatch has seriously violated the legitimate rights and interests of Chinese workers.

Document (2001) No.230 jointly issued by the State Economic and Trade Commission and other relevant ministries and commissions clearly points out that there are no longer national fixed workers, collective workers and contract workers among the employees of enterprises, and the rights and interests of all employees are protected according to law.

We strongly demand that:

First, confirm that we have a factual labor relationship with the power supply company objectively and continue to perform the labor contract with the power supply company.

The second is to sign a written labor contract with the power supply company according to law. In writing, according to the relevant provisions of the Labor Law and the Labor Contract Law, the power supply company should immediately sign a written labor contract with us to determine the labor relationship between the two parties. And according to the time, standard, proportion, position and length of service of the so-called national employee insurance premium paid by the power supply company system, we will pay back and withhold the pension, unemployment, medical insurance, housing provident fund and enterprise annuity for us.

Third, the power supply company should give us employees equal pay for equal work according to the so-called "national employees" who have worked in the same position or similar positions in the same period, that is, their so-called "agricultural electricians", and compensate the employees who did not receive equal pay for equal work during our previous work in Jianping County Rural Power Bureau.

"Reverse dispatch" is a legal provision that circumvents the labor contract law.

And the provisions on labor dispatch in the Labor Contract Law:

Article 58 A labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years, and pay the labor remuneration monthly; During the period when the dispatched workers are not working, the labor dispatch unit shall pay the labor remuneration monthly according to the minimum wage standard stipulated by the local people's government.

Article 59 The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

Article 62 The employing unit shall perform the following obligations: (3) Pay overtime pay and performance bonus and provide post-related benefits; (five) continuous employment, the implementation of normal wage adjustment mechanism.

Article 63 The dispatched workers shall enjoy the right to equal pay for equal work with the workers of the employing unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located.

Article 66 Labor dispatch is generally carried out in temporary, auxiliary or alternative jobs.

65438+On February 25th, 2007, Zhang Shicheng, deputy director of the Administrative Law Office of the Legal Affairs Commission of the National People's Congress Standing Committee (NPCSC), revealed that the Legal Affairs Commission of the National People's Congress had replied to the Ministry of Labor and Social Security on the issue of labor dispatch, clarifying that the term of labor dispatch should not exceed half a year. If the employer wants to circumvent the labor contract law,

The reply clarified three principles of the form of labor dispatch: temporary, auxiliary and alternative. The so-called auxiliary, that is, the position that can use labor dispatch workers must be the non-main business position of the enterprise; Substitution means that when a regular employee temporarily leaves his job and cannot work, the labor dispatch company can only send one person to temporarily replace him; Temporary, that is, the labor dispatch period shall not exceed 6 months, and all positions in which the enterprise employs workers for more than 6 months must use formal employees of the enterprise.

The above reply will take effect immediately after NPC Law Committee replies to the Ministry of Labor.

On February 5, 2007, the All-China Federation of Trade Unions held a press conference to inform about the Labor Contract Law. In view of the phenomenon of evading the Labor Contract Law in the current society, Liu, director of the Legal Work Department of the All-China Federation of Trade Unions, pointed out that there are three main acts of violating and evading the Labor Law and the Labor Contract Law. The three behaviors are as follows: 1. Persuade to resign; The second is to send orders in reverse; Third, illegal layoffs.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.