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Fake Contract Fraud Judge Sentenced To 200 Thousand

2015/4/24 22:18:00 23

State Owned EnterprisesFake ContractsFines

In January 2008, Ms. Lee entered a culture and art company, which is a state-owned enterprise. At that time, the two sides signed a labor contract for two years. The last page of the contract was signed by Ms. Li, with the date of January 31, 2008. In July 2008, Ms. Lee left.

In November 2010, Ms. Lee returned to work in the culture and art company as an art editor, and the two sides agreed to pay 3000 yuan a month. In May 2012, Ms. Lee left.

After that, Ms. Li applied for labor arbitration to the labor dispute arbitration commission. She said she was leaving the company regularly, and the company owed two months' salary in 2012. Ms. Lee asked the culture and art company to pay two months' Arrears of wages for a total of 6000 yuan, plus 4000 yuan for economic compensation and annual leave.

Ms. Li suggested that after her second entry into the culture and art company, the company had not signed a labor contract with her. She asked the company to pay 11 months' double wage difference totaling 33 thousand yuan.

From the beginning of arbitration, the focus of the dispute between the two parties is mainly whether or not the labor contract has been signed. State owned enterprises have signed labor contracts with Ms. Lee and submitted a 5 - year labor contract lasting from January 31, 2008 to January 30, 2013. The contract has a total of 7 pages, and the last page is signed by Ms. Li, with the date of January 31, 2008. State owned enterprises do not agree to pay Ms. Lee's double wage gap accordingly.

Ms. Li said that the last page of the labor contract submitted by the company was the last page of the labor contract signed by both parties when she first joined the company in 2008. She has never signed a labor contract with the company for 5 years.

   Arbitration Commission It was concluded that the two sides signed a 5 year labor contract and only ruled that the culture and art company paid two months' arrears for Ms. Lee. Miss Lee's other requests were not supported. Ms. Li refused to accept the case and sued the court. The court of first instance upheld the Arbitration Commission's ruling. Ms. Li appealed to the second middle school of the city.

During the second instance, Ms. Li applied to the court for an appraisal of the labor contract submitted by the unit. Commissioned by the court, the relevant forensic expert appraisal shows that this labor contract is Piece together The seventh page is the last page of the labor contract signed by Ms. Li and the company in January 31, 2008. The first 6 pages were printed by the culture and art company later, and the labor contract period was written for 5 years.

The company did not recognize the contract as a forgery.

The court did not accept the opinion of the cultural company, and the final judgment changed the sentence to Ms. Li, who decided that the company paid 11 yuan monthly salary difference of 33 thousand yuan without signing the labor contract. In addition, the company owed two months' salary and the economic compensation it owed to the company, which amounted to about 8000 yuan.

At the same time, the court finds a culture company. Forged cases The important evidence seriously hampered the court's normal hearing of the case, and the plot was very bad, making a decision of 200 thousand yuan fine for the company.


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