the “missing” length of service has been found
2024-09-04
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original title: the “missing” length of service has been found
"judge chen, my seniority issue has been completely resolved. i will be guaranteed a job in the future!" on august 5, lao li, a retired employee of a state-owned enterprise, came to the grassroots court of hongshilin district, jilin province, and said excitedly while tightly shaking the hand of the president chen wei.
lao li's heartfelt words started with a case.
i’m retired, but where has my years of service gone?
"this pension is related to the life of my whole family. we have been working here all the time. why shouldn't this period of time be counted as years of service?" upon learning that he could not go through the retirement procedures, mr. li was so anxious that he ran around in the human resources and social security department and was almost in tears.
in the 1990s, the reform and opening-up policy swept across the country. in order to meet production needs, a state-owned enterprise recruited a large number of reserve workers to work in production management in its subordinate units. at that time, lao li was still young and devoted himself to the reform with great enthusiasm, ready to make a career. however, with the adjustment of national policies, the state-owned enterprise began to reform its system. although lao li and other workers were reluctant to leave the place where they had worked for many years, they still actively responded to the policy and started their own businesses in the form of collective buyouts.
time flies. mr. li reached the legal retirement age. when he went to the human resources and social security department to handle the retirement procedures, he found that due to the long time, his length of service could not be continued, resulting in a gap in social security years, and he could not get the corresponding retirement benefits and guarantees.
anxious lao li found his former co-workers and discovered that he was not the only one facing such a situation. a large number of former reserve workers were facing such problems. so they discussed and decided to negotiate together, but the negotiations were unsuccessful. in desperation, they submitted the labor dispute to the local arbitration committee, but the result of the arbitration made the workers dissatisfied.
"let's go to the court and resolve it through legal means." after much thought, lao li and more than a dozen old workers with the same demands came to the litigation service center of the hongshilin district grassroots court and consulted the staff at the filing window about matters related to the filing of labor disputes.
the judge of the filing court learned that more than a dozen parties who came for consultation found that their years of work affected the determination of their retirement benefits due to archives, labor contracts, etc. when they were processing retirement.
does the company still have such a situation? how to coordinate with relevant departments? how to solve it in a short time? a series of questions followed.
after comprehensive analysis and judgment, the grassroots court of hongshilin district decided to set up a special task force headed by the president. the task force visited all parties non-stop to further find the best solution.
prepare for a rainy day, resolve 851 disputes before litigation
"according to the archives, we need official recruitment documents stamped by the labor bureau. without these supporting materials, certification is generally not possible." the task force learned this at the human resources and social security bureau where the state-owned enterprise is located.
at the companies involved, the task force learned that there were approximately 851 people in similar situations, roughly including three categories of people: those who have reached retirement age but have not completed the retirement procedures, those who are approaching retirement, and those who are still working.
the task force believes that, based on the relevant information it has, if the labor disputes involving more than 800 people all enter the litigation process, it is very likely that different judgments will be produced due to different evidence. such a handling result will not only fail to resolve the disputes, but will more easily intensify the conflicts. therefore, resolving conflicts and disputes before litigation is the best solution.
"we visited the human resources and social security department again to learn about the relevant policies. we wanted to know whether these employees can make up the payments. if they can, what procedures are required. if they cannot, the follow-up may involve issues such as compensation for social security fee losses or compensation," said chen wei.
"the company did recruit a large number of reserve workers back then. we have worked together for so many years, and we old people all know about it," said wang dayou, a retired employee of a state-owned enterprise. to further ascertain the facts, the special investigation team visited and investigated the formal workers and leading cadres who worked at the same time as lao li and others, proving that what lao li said was true.
the grassroots court of hongshilin district communicated the investigation results with the human resources and social security department, which said: "if lao li and other preparatory workers can provide proof materials from their colleagues of the same period, and the court determines that the materials comply with the law and issues a legal document, the length of service of the preparatory workers can be recognized and social security can be repaid."
the social security department clarified the method, and the company also expressed its active cooperation. the grassroots court of hongshi forest district decided to organize the company and lao li to conduct pre-litigation mediation. combined with the certificates issued by the retired workers and cadres of the company and the comprehensive investigation results of the court, the company and lao li soon reached an agreement on the "missing" length of service. the company also agreed to make up the social security for the corresponding length of service for the reserve workers and the various expenses incurred during the process. in the end, the company and lao li reached a mediation agreement, and the court issued a mediation letter to both parties.
li haijun (pseudonym), director of the human resources department of the state-owned enterprise, said: "because there is a precedent, everyone has seen it, so they can follow his example and others will not worry."
in the end, this labor dispute involving 851 employees was effectively resolved before litigation.
pull up the protection line at the source
"the resolution of this dispute does not mean there will be no problems in the future. the company still has loopholes in management and lacks corresponding institutional mechanisms." chen wei said, "closing the case is not the end. to completely solve such problems, we must draw a protection red line from the source."
to this end, the grassroots court of hongshilin district sorted out the trial data of labor dispute cases in its jurisdiction in the past three years, and issued a research report to the relevant units involved in the case from the perspective of promoting the construction of harmonious labor relations in state-owned enterprises. it also put forward judicial suggestions from three aspects: "adhere to the principle of equal consultation and improve the content of labor contracts; improve the efficiency of file management and improve the file management work mechanism; give full play to the basic responsibilities of trade unions and establish a bridge of communication between enterprises and workers."
"in response to the relevant suggestions put forward by the court, our company has carried out relevant work in three aspects: improving the labor contract management system, optimizing the enterprise archive work process, and building a solid bridge between labor and capital." after receiving the judicial suggestions, the relevant units quickly organized relevant departments to check for deficiencies and fill in the gaps, and promptly fed back on the content of the judicial suggestions, and used this to formulate detailed work plans and systems.
this judicial suggestion prevented a large number of disputes from arising and resolved them in the bud, and labor relations disputes began to decline significantly.
according to statistics, from 2021 to 2024, the proportion of civil cases involving confirmation of labor relations received by the grassroots courts in hongshilin district dropped from 34.3% to 1.2%, and showed a downward trend year by year.
source: people's court daily
