Multi party protection to open up the road of silent rights protection

Mondo Social Updated on 2024-02-04

Recently, a "silent" mediation was launched in the Yangpu District Labor and Personnel Dispute Arbitration Court (hereinafter referred to as the "District Arbitration Court"), and after the unremitting efforts of the arbitrators, the company paid 2,000 yuan to the workers on the spot, and the deaf and mute workers no longer "have bitterness and cannot speak". From the filing of arbitration to the receipt of compensation, labor disputes are filed and settled on the same day, which is another typical case of the District Arbitration Court's implementation of the expedited mechanism for labor and personnel disputes, which fully demonstrates Yangpu's "arbitration speed".

Ren, a deaf-mute worker, applied to the Yangpu District Arbitration Court for arbitration, demanding that the company pay economic compensation for the termination of the labor contract. Ren has been working in a company for more than 4 years, and the company knew that she was deaf and mute, but still suddenly transferred her, causing Ren to be unable to adapt to the new position and had to resign.

The resignation was forced by the company and was unfair, and economic compensation should be paid. Ren believes that the Spring Festival is approaching, and he is suddenly unemployed, and he can't accept such a sudden change, and hopes to resolve the dispute as soon as possible. However, the enterprise believes that the unit exercises the autonomy of operation and management of the employee's transfer of employees, which is reasonable and legal, and Ren does not obey the arrangement of the unit, voluntarily resigns, and does not agree to pay economic compensation for the termination of the labor contract, and the two parties do not back down from each other, and the first mediation is deadlocked.

After the written exchange, the arbitrator learned that Ren was obsessed with resolving the matter through arbitration. Considering that Ren was a deaf-mute disabled person, the District Arbitration Court immediately initiated the procedure for speeding up the adjudication of persons in difficulty. After the window staff communicated with Ren through writing, they immediately assigned the case to the district joint investigation center to carry out "face-to-face quick investigation", and at the same time, actively sought the help of the legal aid center of the district judicial bureau, and the legal aid center arranged legal aid and sign language interpretation for Ren on the same day, opening up Ren's "silent" road to rights protection.

In the pre-mediation process, the parties disagreed on the resignation process, and the mediation reached an impasse. After obtaining the consent of both parties, the district arbitration court opened an expedited trial channel and filed the case on the spot, and the arbitrator carried out mediation "back to back" again while making the case filing documents. Starting from the "emotional card", it shows the company that the company's recruitment of disabled people for many years is a manifestation of social responsibility, and at the same time, the company has also enjoyed relevant policy benefits because of the recruitment of Ren, and hopes that the company can consider giving some care. The company finally agreed to pay Ren the corresponding economic compensation.

The labor dispute was resolved, but the next bigger problem for Ren was to achieve "reemployment" as soon as possible. After understanding Ren's expertise and employment expectations, the District Arbitration Court relied on the mechanism of "labor rights protection + employment support" to contact the district employment department and included Ren in the employment support personnel information database, and the district employment instructor will introduce the corresponding work to Ren in a timely manner, and will continue to follow up on Ren's employment situation in the future.

The interests of people's livelihood are no trivial matter, and every branch and leaf is always a matter of affection. In the next step, the Yangpu District Labor and Personnel Dispute Arbitration Court will go all out to promote the implementation of the expedited adjudication of cases of persons in difficulty, smooth the channels for rights protection, and strengthen the bottom line of people's livelihood, so that workers can feel the justice and warmth of arbitration, and contribute to regional economic development and social harmony and stability.

Text **: Dou Yuqi Editor: Wen Qianting.

*Please indicate that it is from Shanghai Yangpu official WeChat.

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