The noon reports yesterday morning of Xun(reporter, Li Yi, however)9:00, Jia Chi in Pekingcar leasingthe limited company(call a car leasing company as follows) defy a labor to arbitrate verdict and request a court to confirm it with driver left Sir of English have no the labor relate to the dispute case's party in government sun court to hold court.

    The cause car leasing company defies to arbitrate verdict

    In October, 2008, the car leasing company is on the net release an information of hiring English driver truly.The 44-year-old Peking Man left Sir accepts appointment after seeing the job advertisement information, through examination qualified, rise drive for one African customer in Peking, its driver's car belongs to a car leasing company all.Left Sir month is wages 3000 dollars and take money after doing first to live, is paid by the car leasing company.The left Sir forbids to go that day and take a rest for a day at the car driven by he/she every week and works for 10 hours every day.On March 20, 2009, the left Sir is unwell because of heart to the hospital to seek medical advice, behind no longer drive for African customer, left Sir's having 600 dollars wages be temporary buttonned up by the car leasing company at that time.

    In May, 2009, the left Sir applies for labor arbitrament, the claim verdict car leasing company pays to temporary button up of 600 dollars wages, don't label labor contract of twice wages difference in amount, overtime pay and economy compensation add up to 16250 dollars, and repair to hand over social insurance.Dynasty sun area labor controversy arbitrate the committee decide a car leasing company to pay left Sir's wages, overtime pay and economic compensation that haven't signed the twice wages of laboring the contract and born debt to add up to 13471 dollars after taking up, to this, the car leasing company defies and sue to dynasty sun court.

    The plaintiff company labors a relation with the driver's nonentity

   On law court yesterday, the agency lawyer of car leasing company emphasized, car leasing company and left Sir nonentity labor relation, the reason was a car leasing company not is used person's unit, the claim sentenced labor arbitrament to decide invalid.

    Car leasing company said that that company is a car leasing company, November, 2008, the company signed with an African customerrent a caragreement, the customer puts forward to rent a car, driver they hire by themselves.But because of the language barrier, the customer invites a car leasing company on behalf introduction will speak English driver, hence that company released a job advertisement information on the net.The left Sir comes to accept appointment, the car leasing company then introduced it to African customer's personal interview, the wages of 3000 dollars were also left Sir and African customer to agree after negotiation monthly of, car leasing company not participation.In addition rent the wages of carfare, left Sir monthly because of African customer, all want from offshore remit, for the sake of the convenience, the African customer entrusts a car leasing company to on behalf transmit.Therefore car leasing company not is use person's unit, with left Sir nonentity labor relation.

    In addition car leasing company also points out, company combine not intentional button up to deliver left Sir's 600 dollars wages.The oral communication that presses the African customer with left Sir in fact negotiates, left Sir's resignation needs to put forward a week in advance, can the left Sir puts forward a resignation and then arrived moreover a companies to drive on the second day on March 21, 2009, African customer at that time on the other hand requested a car leasing company right away again seek a driver for it, on the other hand request a car leasing company to temporary don't transmit 600 dollars wages before left Sir's diagnosis that hasn't submitted a heart attack proves.

   In the meantime, car leasing company also calls, because the left Sir for no reason applies for arbitrament and result in to the car leasing company 4000 dollars loss, include 3000 dollars lawyer's fee, 400 dollars transportation fee and 600 dollars mistake work fee among them, request a court to sentence a left Sir to give indemnification.

    The accused is by himself/herself sent by the company to allow driver for customer

    Left Sir's rejoinder accepts appointment after saying that him is see the car leasing company release of the job advertisement advertisement of, and through examination qualified, is sent by the company to allow English to the African customer driver.At that time he with the company agreed on monthly wages 3000 dollars, the transportation in every week forbade go a day take a rest for a day, company still commitment at he went to work in a month, carried out for him and paid social insurance, signed formal labor contract.

    The left Sir said that go to work from him the second from month, he presses manager Liu of company to sign writing form labor contract with it as soon as possible, and carry out social insurance, but manager Liu has been taking various reason as to lend to refuse not to carry out.Press another rules in the nation, work for five days every week, and he is allowed to rest for a day just every week and go to work time as 10 hours every day, every week man-hour already consumedly longer than 40 hours, but company since didn't arrange to repair to rest as well as pay to work overtime wages.On March 20, 2009, he discovered heart Lyu while being unwell because of heart to the hospital to seek medical advice disorder, the doctor doubts for the excesssive weariness from overwork to, suggest to take a rest for two weeks.After two weeks, he again seeks medical advice and is suggested taking a rest for two weeks.In order to go a car safety, he was to late explain a circumstance to manager Liu of car leasing company, and put forward to suggest to want the hospital to carry on a further treatment on the 22th according to the doctor, suggest manager Liu as soon as possible seeks other drivers act for.On the evening of the 21th, manager Liu seeks to come to a driver, he carried on to hand over completely to the work with new driver, didn't bring work any badly influence.After handing over to connect, manager Liu promises the 600 dollars wages that will bear debt after it's illegal to search a car to have no to give out him.But after more than a month, at search to confirm that car to have no illegal after, he takes diagnosis holiday in the hospital to prove to beg for and be born debt of 600 dollars wages, is gruffly refused, even encounter to revile scornfully without the reason.

    The court is reviewing, the left Sir requests a court to affirm that the labor arbitrates decides legal effective, reject the litigation claim of car leasing company.

    Both parties in the court differ in opinions big difficult intermediation

    Argued in law court yesterday in, the agency lawyer of car leasing company called:"The company is just agent, the generation customer turns to pay wages to the left Sir, the customer has never signed a labor with left Sir contract, but the left Sir want us to undertake a responsibility, we think very Yuan."To this judge's inquiry:"That do you have a proof proof to just turn to pay wages?"The agency lawyer of car leasing company shakes to say "have no".

    After 3 argues, the judge asks whether both parties agree under support of law court to carry on intermediation, the car leasing company and left Sir all means can with the intermediation.But because both parties differ in opinions a little bit greatly, judge no longer intermediation, declare to choose a day to announce verdict.