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苏州劳动争议“十大案例”发布
Su Zhou Ri Bao· 2025-05-01 00:36
Core Viewpoint - The Suzhou Intermediate Court and Suzhou Human Resources and Social Security Bureau released the top ten typical labor dispute cases for 2024, aiming to promote a harmonious labor relationship between employers and employees, reflecting common issues in current labor relations [1] Group 1: Wage and Employment Rights - In the "Wages Paid in Coupons" case, the court ruled that employers must pay wages in monetary form, rejecting a supply chain company's practice of using vouchers instead of cash for labor compensation, thus protecting workers' rights to receive wages [2] - In the "Delayed Wage Payment" case, an individual was held criminally liable for malicious wage arrears, demonstrating the legal system's strict stance against such behavior to safeguard workers' property rights [2] - The court did not support a new materials company's attempt to offset annual leave with team-building activities, emphasizing the need for employers to respect employees' autonomy regarding their vacation time and methods [2] Group 2: Employment Discrimination and Rights Protection - In the case of employment discrimination, a physically disabled worker's right to equal employment was upheld, with the court ruling that a manufacturing company's termination of the labor contract was unlawful [3] - The court recognized the rights of a hearing-impaired delivery worker regarding occupational injury and provided him with options for relief, reflecting the protection of rights for workers in new employment forms [2] - An elderly worker received support for compensation discrepancies due to the employer's failure to timely report an occupational injury, clarifying that elderly workers should enjoy equal occupational injury insurance benefits during their coverage period [2] Group 3: Confidentiality and Non-Compete Agreements - In the area of commercial secret protection, an individual was deemed to have committed a serious violation by photographing and storing company secrets, leading to the lawful termination of their labor contract [3] - In a dispute involving non-compete obligations, the court legally defined the scope of non-compete duties and competitive relationships, ensuring the orderly flow of high-tech talent [3] - An individual faced fines for refusing to comply with a court's preservation order, highlighting the legal protection of high-tech companies' legitimate rights [3]
涉网络主播,广东高院、省人社厅联合发布劳动争议典型案例
Nan Fang Du Shi Bao· 2025-04-30 08:20
南都讯记者赵青通讯员曾洁赟陈慧峰"五一"劳动节前夕,广东省高级人民法院、广东省人力资源和社会 保障厅联合发布一批劳动争议典型案例。 典型案例涵盖快递公司从业人员劳动关系确认、用人单位主体认定、跨境用工、调解协议司法确认机制 等多个方面,充分彰显了以法治方式助力构建和谐劳动关系的广东新实践新作为。 2024年,全省法院共审结一审劳动争议案件6.34万件,诉前化解劳动争议数量占比超九成、同比增长 8.04万件。 本次发布共8个案例,其中涉及新业态、新平台经济领域劳动关系的案例有5个,包括快递员、网络主 播、网约车司机等劳动者主体,同时,针对粤港澳大湾区营商环境下,从业人员构成复杂等情况,有3 个涉及跨境用工的情形。 在刘某与某科技公司确认劳动关系案中,人民法院根据双方签订承揽合同情况,依法认定从业人员与公 司存在劳动关系。 在梁某与横琴某公司劳动争议案中,法院认定跨境用工中应结合劳动者实际工作地点、内容及服务对象 等因素认定用人单位主体等裁判规则,为类案纠纷的处理提供重要参考。 另据了解,近年来广东法院高度重视前端治理工作,通过基层调解组织、仲裁机构以及人民法院的综合 治理,将大量劳动争议案件在诉前化解,其中深圳 ...