Applicant:
Name: Zhang San Gender:
Identification Number: Date of Birth:
Mobile: Email:
Contact address: Respondent:
Unit Name: Hunan Tomorrow Health Industry Development Group***
Registered address: Room 402, Office Building, No. 2, Area C, Kaifu Wanda Plaza, No. 589, Kaifu District, Changsha City.
Legal representative: Zhao Honglin.
Contact**: 0731-84681211
1. Confirm the labor contract relationship between the applicant and the respondent;
2. It is confirmed that the respondent used a wholly-owned subsidiary (Hunan Xiangshou Tomorrow Chain *** to sign a labor contract with the applicant, allowing the applicant to engage in sales work in Hunan Xiangshou Tomorrow *** Chain *** but did not provide labor protection to the applicant in accordance with the law, resulting in the applicant being illegally found guilty by the judicial authorities, which brought personal freedom restrictions and mental harm to the applicant.
3. The respondent is required to compensate the applicant for mental losses of 10,000 yuan.
4. The respondent is required to bear the arbitration costs of the case.
The respondent, Hunan Tomorrow Health Industry Development Group, was established on May 27, 2013, and its registered place is located in Room 402, Office Building, No. 2, Area C, Kaifu Wanda Plaza, No. 589, Kaifu District, Changsha City, and the legal representative is Zhao Honglin. The business scope includes care services for the elderly and the disabled; Nursing homes (branch offices only); nutrition and health consulting services; sales of agricultural products; planning, design, development and management of tourist attractions; fish fingerling cultivation and breeding; forest tree seedlings; retail sales of flower crops, fruits and vegetables; agricultural technology development services, consulting, exchange services, transfer services; Cultivation of vegetables, flowers, horticultural crops, fruits.
On November 20, 2013, the respondent invested in the establishment of a subsidiary, Hunan Xiangshou Tomorrow***, and later the subsidiary was renamed Hunan Bama Panyang Zhushou***Hunan Xiangshou Tomorrow**Chain***Hunan Xiangshou Tomorrow**Chain***, and now the respondent's shareholder Wu Changlong serves as the legal representative, and the registered address of the subsidiary is located in Room 413, Office Building, No. 2, Area C, Kaifu Wanda Plaza, No. 589, Zhongshan Road, Tongtai Street Street, Kaifu District, Changsha City, Hunan Province. The Company's business scope is as follows: chain enterprise management; convenience store operation and convenience store chain operation; wholesale of cereals, beans and potatoes, cotton, hemp, forestry products, livestock, rice, flour products and edible oils, textiles, clothing and household goods, metals and metal minerals, building materials, machinery and equipment, hardware products and electronic products; sales of health care products, health care products, stationery, office supplies, and domestic liquor; retail of pre-packaged food, drinking water, fruits and vegetables, stationery, sporting goods and equipment, textiles, clothing and daily necessities, handicrafts, electronic products, household appliances, hardware, furniture and interior decoration materials; sales of agricultural products; health management; nutrition and health consulting services; Health and wellness consultation (excluding medical diagnosis); foot bath services; Pedicure. (For projects subject to approval in accordance with the law, business activities can only be carried out after approval by relevant departments).
In addition to Hunan Xiangshou Tomorrow Chain, the subsidiaries established by the respondent also include Hunan Jinzhi Tomorrow Tourism Industry Development, Hunan Xiangshou Tomorrow Travel Agency, Ningxia Jialu Agricultural Development, Jiangkou Tomorrow Industry Development, Guangxi Bama Tomorrow Tourism Industry Development, Bama Tomorrow International Hotel
In March 2015, the applicant applied for employment into Hunan Tomorrow Health Industry Development Group and became an employee of the group company, at that time the respondent did not sign a labor contract with the applicant, and the applicant engaged in the work tasks assigned by the respondent in accordance with the respondent's arrangement, and the respondent's legal representative Zhao Honglin paid wages to the applicant on a regular basis.
On March 19, 2018, the respondent signed a fixed-term "labor contract" with the applicant in the name of its subsidiary (Hunan Xiangshou Tomorrow ** chain ***), the term of the labor contract is from March 19, 2018 to March 18, 2021, the applicant works in a "sales" position, and the respondent ranks the applicant's work location in its subsidiary according to the needs of the work (Hunan Xiangshou Tomorrow ** chain *** February 2018 to January 2021, The respondent arranged for its subsidiary, Hunan Xiangshou Tomorrow **Chain***, to pay wages to the applicant and pay employee insurance for the applicant.
During the operation of the respondent and its subsidiaries, Order No. 247 "Measures for the Prohibition of Illegal Financial Institutions and Illegal Financial Business Activities" has been in effect. **Article 4 of Order No. 247 stipulates that "illegal financial business activities refer to the following activities engaged in without the approval of the People's Bank of China: (1) illegally absorbing deposits from the public or absorbing deposits from the public in disguise; (2) Illegal fundraising from unspecified targets in any name without approval in accordance with law; ......Illegally absorbing deposits from the public refers to the activities of absorbing funds from unspecified targets in society, issuing vouchers, and promising to repay principal and interest within a certain period of time without the approval of the People's Bank of China; The so-called disguised absorption of public deposits refers to activities that do not absorb funds from unspecified targets in society without the approval of the People's Bank of China and in the name of absorbing public deposits, but promise to perform obligations of the same nature as those of the public. Article 5 of Order No. 247 stipulates that "without the approval of the People's Bank of China in accordance with law, no unit or individual may establish financial institutions or engage in financial business activities without authorization." ......
The respondent used its wholly-owned subsidiary (Hunan Xiangshou Tomorrow ** Chain *** to sign a labor contract with the applicant, allowing the applicant to engage in sales work in Hunan Xiangshou Tomorrow ** Chain ***, allowing the applicant to publicize the investment projects of the group's subsidiaries to customers to absorb public funds, and these investment projects agreed with the investors on the investment period, investment amount and investment rate of return, but the respondent did not apply to the People's Bank of China for the financial license qualification to absorb public deposits according to law, according to *** The applicant of Order No. 247 is engaged in illegal financial business activities such as illegal fund-raising and illegal absorption of public deposits, which means that the respondent does not provide labor protection to the applicant in accordance with the law. The respondent asked the applicant to introduce the investment projects of its subsidiaries to customers, and used a high return on investment to attract customers to invest in their own product sales, which is to help customers manage their finances, because the respondent did not take the initiative to apply to the People's Bank of China for the license qualification to absorb public deposits, and could not legally protect the applicant's labor activities, which eventually led to the applicant's labor sales activities being identified by the judicial authorities as "illegally absorbing public deposits". As a result, the applicant was found by the public security organ to have engaged in criminal activities of illegally absorbing the public in the respondent group company, resulting in the applicant being released on bail pending further investigation by the public security organs, resulting in all the salaries, commissions, and bonuses obtained by the applicant in the group company being identified by the public security organs as illegal gains and being required to return the full amount to the account designated by the public security organs, causing the applicant to be anxious and insomnia because he was worried that he would eventually be convicted and sentenced for illegally absorbing public deposits.
It is requested that the respondent be ordered to compensate the claimant for mental damages of 10,000 yuan, and that the respondent bear the arbitration costs of the case.
Sincerely. Changsha Arbitration Commission.
Applicant: Date: March 1, 2024.