Public Welfare Workers Are Equally Protected By Labor Law.

In 2003, a district urban management and law enforcement brigade was openly recruiting city appearance supervisors.

Lee participated in the application and was hired, the monthly salary of 1100 yuan.

The city management and law enforcement brigade did not sign a written labor contract with Li, nor did he handle social insurance for Li.

In March 2012, Li suffered from liver disease.

After the recovery of Li, the urban management law enforcement brigade did not arrange work for Li and did not pay for his post. He also withdrew Lee's wages for sick leave for two months.

In February 2013, the city management team of law enforcement, including some of Li, resigned.

Li refused to accept the decision of dismissal and applied for arbitration to the labor and personnel dispute arbitration committee of his district.

The arbitration is not accepted as a matter of the labor arbitration's scope of adjustment. Li then filed a lawsuit against the court, requiring the city management and law enforcement brigade to pay double wages, compensation and wages for a total of more than 27 yuan.

After hearing the court of first instance, Li believed that Li had passed the recruitment examination of the urban management and law enforcement brigade and went to work. The two sides formed a factual labor relationship, and sentenced the urban management and law enforcement brigade to compensate Lee for double wages, unemployment insurance losses and wages totaling over 2.9 yuan.

After the first instance decision, the urban management and law enforcement brigade refused to accept Li Moujun and appealed to the intermediate people's court.

In May 2014, the court of final appeal upheld the first instance decision.

Public welfare posts are designed to solve the employment problem of special groups.

Temporary rescue posts.

In China, public welfare posts are developed by the government, giving priority to the placement of unemployed college graduates and other employment difficulties or special groups to engage in temporary rescue positions for non-profit social public management and public service activities.

At present, public welfare posts are mostly concentrated in grass-roots public service posts developed by streets and communities, such as community security, cleaning jobs, and the coordination of urban management and law enforcement.

Because there are "public welfare posts".

The regulations on the implementation of the labor contract law stipulate: "the local people's governments at all levels and the relevant departments of the local people's governments at or above the county level provide public posts for job placement and social insurance subsidies for the placement of difficult employment personnel. Their labor cooperation does not apply to the provisions of the labor contract law concerning the labor contract with no fixed term and the provisions for payment of economic compensation."

According to the above provisions, the public welfare workers do not have the right to require the employer to sign an unfixed term labor contract. After the termination of the labor contract, the employer can not ask the employer to give financial compensation.

"In addition to the above provisions,

Laborers should be equally protected by the labor law and the labor contract law, just like ordinary workers. "

The judge of the case held that, in the case, the urban management and law enforcement brigade did not sign a written labor contract with Li as the employer, which violated the labor contract law, which required the employer to sign a written labor contract with the laborer, and should pay double wages to the laborers.

At the same time, for the workers in the public welfare positions, the employing units also need to participate in social insurance for them. Under the circumstance of not providing social security for the workers, the workers in the public welfare positions have the right to require employers to make social security contributions for them.