Clothing Store Employees Use Labor Laws To Protect Their Legitimate Rights And Interests.
Case study:
I propose to resign normally and wait for the unit to find someone to go again. (the company has a rule that the resignation can be made after 7 days' resignation). But the manager said she had found someone, told me to leave on the last day, and said that the overtime pay for the three day of the spring festival would not be sent to me. Is such a behavior contrary to the labor law? How should I protect my rights and interests?
Lawyer's viewpoint:
Employee resignation is called "unilaterally relieving labor contract" in the labor law. The thirty-seventh provision of the labor contract law of the People's Republic of China stipulates: "the worker can notify the employing unit in writing in advance thirty days, and may terminate the labor contract." A simple sentence is already a requirement for the normal resignation of employees.
The right to resign is in the hands of the employees, the staff do not propose, the unit can not force the staff to propose; this claim should be written in writing, any oral resignation can not produce the effect of the labor law to terminate the labor contract; and this claim is made on the premise that the employee is expected to work for another 30 days. If the unit changes this expectation arbitrarily, it is obviously inconsistent with the intention of the employee to resign.
If resignation is regarded as a legal offer, the unit has only the right to promise, that is, the right to answer yes or no. Your resignation offer includes 30 days of continuing work. The unit asks you to leave on the last day, which is a change in the offer, which we call a counteroffer, or a new offer. If it's a new offer, it's no longer your resignation, but the unit's dismissal.
Of course, units dismiss employees also need written notice. So the manager's statement does not constitute a dismissal in the labor law. But at least it can be concluded that he can't ask you to leave on the last day, because it's against the law. If he wants you to only take the last day class, then you might as well sit down and discuss with him, so that you will not be allowed to continue for 30 days and you should be compensated. Otherwise, you can not promise, so that the national laws do not agree.
It is worth mentioning that this problem is not explicitly stipulated in the legal provisions, but is implied in the existing provisions and principles of law. Many times, ordinary workers are worried that they lack the bottom line in law.
Finally, let's talk about overtime pay. Overtime work for statutory holidays has to be paid according to statutory standards, not because employees are doing it here. So the unit must pay you the overtime pay during the Spring Festival. It is impossible to discuss the matter and complain to the labor supervision department.
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