Viewpoint | Discuss whether the rotation of farmers recruited by state-owned mining enterprises before the implementation of the Labor Law is a labor relationship adjusted by the Labor Law, and whether the people's court should accept it.
Published:
2024-03-14
This paper discusses whether the rotation of farmers employed by state-owned mining enterprises before the implementation of the Labor Law belongs to the labor relations adjusted by the labor law and whether the people's court should accept it.
The case
Wang and other 12 people were recruited by a state-owned mining enterprise as peasant rotation workers before the implementation of the Labor Law (implementation date: January 1, 1995). During the period of peasant rotation, the employer did not pay social insurance for them. Therefore, they applied to the labor and personnel arbitration department for confirmation of labor relations in 2022. After the labor department ruled that it would not accept the application, it filed a lawsuit in the court.
focus of controversy
1. whether the case falls within the scope of the people's court;
2. Wang and other 12 people whether there is a labor relationship with the employer.
ascertained facts
Before January 1, 1995, with the approval of the labor department, 12 people such as Wang mou were recruited as peasant rotation workers. the 12 people signed a labor contract with the mining enterprise and its village committee. the contract period ranged from 3 to 5 years. from the month of entering the mine, the mining enterprise gave Wang mou and other work subsidies according to 20% of the actual standard salary, during the work of mining enterprises, like other members, keep private plots, responsible fields, etc., and do not transfer household registration and food relations.
case analysis
Facts of 1. case:The 12 persons were all peasant rotation workers who were recruited with the approval of the labor department before the implementation of the Labor Law, and signed the Labor Contract for Rotation Workers of Underground Mining Farmers in Metallurgical Mines. The contract stipulates the rights and obligations of both parties. Therefore, this case The regulations at that time should apply.
2. basis:The second paragraph of Article 3 of the Regulations on the Realization of the Farmer Rotation System in Mining Enterprises promulgated and implemented by the State Council in 1984 stipulates that farmer rotation workers are recruited from rural communities and teams and are part of the workforce during their work in the mine. The fixed employees of the unit are treated equally, but their membership status remains unchanged, and the household grain relationship does not change. In order to protect the physical health of the peasant workers in rotation, they must be rotated when they expire, returned to the countryside, and must not be used continuously. The second paragraph of Article 4 of the "Regulations on the Recruitment of Peasant Contract Workers in Enterprises Owned by the People" promulgated and implemented on July 25, 1991 stipulates that migrant workers do not transfer their households to grain, unless otherwise provided by national laws and administrative regulations. Article 25 stipulates that enterprises recruit migrant workers and implement a pension insurance system. Among them, farmers are recruited to rotate workers and a system of production subsidies for returning to their hometowns is implemented. Article 2 of the Reply of the General Office of the Ministry of Labor and Social Security on Issues Related to the Overdue Use of Farmer Rotation Workers by Enterprises, promulgated and implemented on October 15, 2004, stipulates: Regarding the pension insurance benefits for farmer rotation workers, enterprises shall pay social insurance premiums for rotation workers who are converted to urban household contract workers in accordance with Article 28 of the Provisions on the Recruitment of Farmer Contract Workers in Enterprises Owned by the Whole People, after the expiration of the contract, the enterprise shall pay the living allowance for the rotation of farmers and the subsidy for returning to their hometown in accordance with the relevant provisions of the provisions on the recruitment of peasant contract workers by enterprises owned by the whole people (Decree No. 87 of the State Council of 1991).
3. conclusions:The identities of the 12 people in the case are all farmers rotating workers, their identities remain unchanged during the working period, and the relationship between households and grain does not change. The identity nature of farmers rotating workers should be determined in accordance with the relevant policies at that time. This kind of employment is an employment system formed under specific historical conditions, which is not a category with the current labor relations, and the employment relations at that time cannot be adjusted and evaluated according to the current labor legal system, the case does not fall within the scope of the labor dispute accepted by the court.
Referee result
Arbitration:Inadmissibility
First trial:Does not fall within the scope of the people's court hearing labor dispute cases.
Second trial:Reject the appeal and uphold the original sentence.
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