Source:Global Times Published: 2013-10-22 23:03:01
A district court has ruled that a security company doesn't owe back wages to a deceased parking attendant because he was never officially employed by the company, Pudong New Area People's Court said Tuesday.
The family of the attendant, a man surnamed Chen, sued Shanghai Pudong New Area Security Service Corp for 44,000 yuan ($7,220) on the grounds that it didn't properly pay him during the year he worked for the company, according to a court press release.
The family argued that the company violated Chinese labor law by employing Chen without a contract.
Under the law, a company that doesn't sign a contract with an employee must pay that employee double wages.
The company argued that it didn't owe Chen double wages because he was never actually an employee.
Chen got the job through a private agreement with an acquaintance surnamed Mao, whom the company hired for the position. For health reasons, Mao couldn't do the job, so she cut a deal with Chen to fill in. She provided him with his uniform and equipment.
The court ruled against the family because it didn't produce any evidence to support its assertion that Chen was a company employee.
Without an established employment relationship, the court said Chen's family didn't have the grounds to sue the company for violating the labor law.
Chen died on December 1 after a car ran him over on Meihua Road in Pudong. He was working at the time of the accident.
After his death, his family received a 1.2-million-yuan settlement from the driver.
They also filed a complaint with a local labor dispute arbitration commission over the wage issue, but the commission ruled against them.
Global Times