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本刊第二期《郧县“民勤代表工”的诉讼之路》一文,报道了孙兆勤等13名“民勤代表工”和郧县公路段之间的劳动纠纷案,因双方均不服郧县人民法院一审判决,遂于去年10月上诉至十堰市中级人民法院。日前,十堰市中级人民法院经过阅卷及询问双方当事人,查明事实后作出终审判决,认定孙照勤等13名“民勤代表工”与郧县公路段签订的《民勤代表工协议书》期满后,虽双方未续签劳动合同,但孙照勤等13人一直在郧县公路段从事养路工作,直至郧县公路段将他们辞退。根据《劳动法》有关规定,双方形成事实劳动关系。判决:维持原判。即郧县公路段分别给付孙兆勤等13人经济补偿金各2700元;分别给付孙兆勤等13人自1986年6月至2001年3月的养老金各4510.08元。
The second issue of “Yunxian County” Minqin Representative “litigation road” one article, reported Sun Zhaoqin and other 13 “Minqin on behalf of workers ” and Yun County highway labor dispute case, due to Both parties refused to accept the first instance ruling of Yun County People's Court and appealed to the Intermediate People's Court of Shiyan City in October last year. Recently, the Intermediate People's Court of Shiyan City, after scoring and asking both parties to make a final judgment after ascertaining the facts, found that “Minqin Representative Agreement” signed by 13 “Minqin representatives” and Yunxian highway sections, such as Sun Zhaoqin, After the expiration, although both parties have not renewed the labor contract, 13 people, such as Sun Zhaoqin, have been engaged in road maintenance work in the Yunxian Highway until they were dismissed from the Yunxian Highway. According to the relevant provisions of the “Labor Law,” both parties form a de facto labor relationship. Judgment: uphold the original verdict. Yunxian Highway section respectively paid Sun Zhaoqin and other 13 people for economic compensation 2700 yuan each; Sun Zhaoqin and other 13 people were paid from June 1986 to March 2001 the pension of 4510.08 yuan each.