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    Employees Leave Their Annual Leave To Return Work Lawyers To Help Citizens Safeguard Their Rights.

    2011/4/28 10:32:00 74

    Dismissal Of Labor Contract LawViolation Of Rights And Interests

    "My husband doesn't want to be sent to work in Linyi. The company doesn't want him." "My daughter has completed her maternity leave and has not been working very soon. Be dismissed " "I do security work. The company does not sign labor contracts, nor does it give it. Overtime pay I want to make a statement. " One day in April 27th, the newspaper's labor rights hotline kept on. More than 100 readers called to talk about their rights problems and seek legal help. Reporters collated and found that they were dismissed or dismissed for no reason. When female workers were dismissed during pregnancy, employees' disobedience, violation of company regulations and automatic resignation became the main reasons for workers to lose their jobs. What should I do if I lose my job in these situations? The lawyer conducted an analysis for you.


    He was asked to leave if he disagreed with the spanfer.


    Ms. Chen told reporters about her husband's experience. "My husband runs a business in a Qingdao brand excavator agency, and is still in the labor contract period. Qingdao is a head office. He has been assigned to work in a branch office in Weifang. We have also bought a house in Weifang. Not long ago, when the company changed leadership, he was told to spanfer him to Linyi. My husband made it clear that he did not want to go to work in Linyi, and the HR department informed him that he would be leaving in May.


    "Just because my husband disagrees with the work arrangement, the unit will let him leave. I think this is too inhuman. I wonder if we can claim compensation. If we want to make compensation, what should we do? " Ms. Chen said.


    Wang Enmin, a lawyer at Shandong Qin Dao law firm, said, "first, we need to see if there is a working place in the contract. If the place of work changes, the unit must perform the duty of notification. For the employer, the choice of the workplace should first respect the wishes of the laborers. Generally speaking, the workers have the right to choose the right place of work. Instead of taking unilateral measures such as unilaterally relieving labor contracts, this act violates the contract law to protect the spirit of labourers.


    I took a year off to work and flew.


    Mr. Liu of Jiaonan also telephoned the reporter. "I worked in an engineering company in Jiaonan for many years. In 2003, I signed a labor contract with the unit for a year and a half. After the expiration of the contract, I have been working in this company, and the company has insured it for me. By the end of 2008, the company took the annual leave and we went home. Over the past few years, the company did not notify us of the same group of more than ten people to work. We went to the company, and the company said it was a research decision. By December 2008, the company had also stopped us. We have no job without any reason, and the company doesn't even have a decent opinion. We want to make a statement. {page_break}


    For Mr. Liu's experience, Zhang Kun lawyer of Shandong Tao Ge law office believes that the employer violated the " Labor Contract Law "Failing to conclude a written labor contract with a laborer shall bear legal liability. However, because Mr. Liu did not protect his rights through labor arbitration departments or other supervisory organizations in time, he advocated for some rights for more than a year. Therefore, remind workers if they appear. Infringement of rights and interests Things should be protected in time.


    Being led by the leader, he dared not go to work.


    "My daughter-in-law was frightened by the leadership of the unit and was afraid to go to work." Mr. Wei said that his object was to manage the storehouse, "according to the regulations, it must be signed by the president. The boss's niece is the unit manager. She has made a list of her own, and she has to sign for it. My daughter-in-law does not agree. So the boss niece beat my daughter-in-law. After this incident, the unit said it was a contradiction between the employees and punished my daughter-in-law and the manager. Because of being punished, the boss's niece beat my daughter-in-law again. Because of fear, Mr. Wei's object did not dare to go to work. At present, Mr. Wei's object has applied for labor arbitration, and no final result has yet been reached.


    One of the focal points of the dispute is whether Mr Wei's object is to leave the company automatically or to terminate the labor contract with the unit. According to the relevant regulations, if the laborer and the employer agree to terminate the labor contract, the workers should be compensated according to the relevant regulations. If the worker is to leave the company automatically, the unit will not be liable for compensation.


    And people have lost their jobs like this


    Planning for group leave and staff being dismissed


    In an insurance company originally working in the city, in July 2009, the insurance company suddenly dismissal. The reason was "a company who was dissatisfied with the company's mobilization of work, entangled social workers into the workplace of the company, threatened the company's leadership, and planned the employee leave in the Department in July 8, 2009."


    And in a dissatisfied company decided, "the company's statement is not true, we are still in the contract period, the company illegal payment of labor contracts should pay compensation."


    The arbitration department ruled that the cancellation of the contract by the insurance company is an offence and is payable at a compensation of 18 thousand yuan. The insurance company considers that it should not pay compensation to the court. The court held that the labor relationship between the two sides was established. The insurance company failed to give evidence to "disrupt company order". Recently, the city court of First Instance sentenced the insurance company to an illegal labor contract, and the insurance company paid more than 1.2 yuan of compensation for the dissolution of the labor contract.

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