Shoe Companies Dismiss Workers For Demanding No Longer Recourse To Other Rights

Not long ago, 4 employees of Shanghai's shoe industry Co., Ltd. complained that they had been working overtime for a long time. In order to safeguard their legitimate rights and interests, they sent the company to the arbitration tribunal.

In fact, enterprises have also asked for termination of labor relations with them on the basis of merger, and they have also had a difficult problem. For economic compensation, they have to sign the agreement that "no other right to recourse" occurs on both sides.

Ms. Wu, who worked overtime in 4 workers, said she entered the company in 2003 and worked as a salesperson.

At that time, the enterprise signed a one-year labor contract with her, but the labor contract was not given to her.

Since then, it has not been signed.

It was not until January this year that the company signed another one year labor contract from January 1st to December 31st this year.

Ms. Wu said that since entering the enterprise, all weekends should work overtime, plus 8 hours a day, and sometimes overtime, but the company has been paying less and not paying overtime wages.

Here, Ms. Wu presented a series of overtime certificates to support her statement.

Ms. Wu said that they were also negotiating with enterprises to require enterprises to pay overtime fees in full, but the enterprises were evasive for various reasons. In desperation, she had to appeal to the labor dispute arbitration committee with several other colleagues, requiring enterprises to pay overtime fees in full.

Mr. Wu made a supplement to Wu's remarks.

He said that his situation was basically the same as that of Ms. Wu, who entered the enterprise in 2004 and signed a one-year labor contract. After that, he signed the labor contract again this year.

For overtime pay, Mr. Wu believes that in history, enterprises had worked overtime and did not pay overtime. Later, enterprises supplied, but they never made enough.

Ms. Chu also said with indignation that she entered the business in 2003 and served as a salesperson in the shop. She did not pay her normal overtime and paid overtime wages on holidays. She also applied to labor arbitration.

And Ms. Qian said that she was the head of the shop counters at the store where the company was stationed, making 6 Hugh days, but working on weekends.

She also thought that the company did not pay her overtime.

Ms. Fang said that in July 10th this year, they applied to the Songjiang District labor dispute arbitration commission for payment of overtime pay.

In September 2nd, the company issued a notice to her: "Comrade Wu Moumou: because of the major adjustment and changes in the company's business policy and business after the merger, there was no corresponding job arrangement for you, so the labor contract was terminated in September 2, 2008.

According to the relevant regulations, the company will notify you in a week to go through the relevant procedures, and at the same time settle all the due wages, insurance and other financial compensation. "

Ms. Wu said that if a company had a major change, it should notify employees early and negotiate with employees about the aftermath. How could a staff member kick the door out of the door?

Then, Ms. Wu said angrily, what she could not imagine was that in September 9th of this year, the enterprise issued another notice: "all the departments in Shanghai": in view of the merger and reorganization of the company's business policy and business in the view of the merger of the shoe Co. Ltd. and the Shenzhen new Belle Group Co., Ltd., the company has already terminating the labor relationship with the former Wu Moumou, a former office worker, because there is no corresponding job arrangement.

The officer has ceased to work, and all his actions no longer have anything to do with the company.

Please inform all relevant departments promptly and thoroughly.

Ms. Wu said that the expenses that the enterprises should pay in advance to terminate the labor contract should not be implemented in accordance with the law, and the withdrawal of the labor contract has not yet been opened. Why are these people not the people of the enterprises?

Ms. Wu said, in order to safeguard their legitimate labor rights and interests, they must have enterprise theory.

In September 12th of this year, the enterprise issued another "dissolution of labor contract agreement". The main contents of the agreement are:...

Wu, who has no corresponding job arrangement, agreed to terminate the labor contract relationship in accordance with national laws and regulations in September 12, 2008, and settled all his due wages, insurance and other financial compensation.

Two women, Qian and Zhu, told reporters that their resignation was the act of corporate dismantling. The company thought, "if the cabinet is withdrawn, the two sides will conduct consultations on the pfer of personnel. If the consultation fails to reach a consensus, the company will inform this as a formal notice to terminate the labor relations between the two parties and the deadline for labor relations is the next day of withdrawal."

The two women said angrily that the business people had no intention of talking about what they wanted to do.

Ms. Wu sincerely said that in fact, their employees are very rational. If the enterprises do have a combined accident, they can leave as long as the legal rights and interests are in place and overtime pay is in place.

However, enterprises have given them a dilemma. If we want to get economic compensation, we must sign on the paper "no longer any other right to recourse". The implication is that there is no dispute about overtime pay. If we do not sign the contract, we will continue to pay overtime wages to the company. It will become an enterprise willing to pay. It is the resigned employees themselves who do not have economic compensation. They are in a dilemma now.

Under the persuasion of reporters, Ms. Wu, after consulting with three partners, unanimously decided to write a letter to the enterprise, and sent them by express mail. They thought: first, show their true feelings. Since the enterprises have great changes, they must agree to terminate their labor contracts early, but they must agree to pay the economic compensation, etc. Two.

A few days later, Ms. Wu sent a letter to reporters after the letter was sent to the enterprise. The company sent out a withdrawal sheet, but the economic compensation has not been paid.

The company expressed its indignation. In October 13, 2008, the reporter called the manager of the personnel department of the enterprise. The personnel manager was very quick to say that the overtime pay, the workers were fighting a lawsuit with the enterprise, the lawsuit was not settled, and no money could be paid.

The personnel manager thinks that the procedure for returning the work is late indeed, because the staff and workers of the personnel department are "small" and asked for half a month's leave.

The personnel manager also explained that the overtime of the salesmen existed, but these workers were "mobile", and the overtime pay company of the shop assistant paid.

At that time, she also asked these employees to write overtime wages, but they did not fill in the correct amount.

She thinks that employees and enterprises must talk about each other and make concessions to each other.

As for the dissolution of labor contract agreement, it is written according to the terms and conditions of the enterprise.

The personnel manager said that after the return order was given to them, the salary in September this year would be paid to the payday.

For economic compensation, she thinks that the average annual salary will be one month a month, but the rice stickers and car stickers will not be included.

She also believes that these employees are emotional, affecting the business of enterprises.

Of course, the personnel manager also admitted that in the past, enterprises did not regulate, but now they are standardized.

Reporter thinks, this "dilemma" problem, in fact, enterprises and workers want to solve it quickly, the problem is how to solve it in accordance with the law.

First, the method of calculating the economic compensation of the enterprise is indeed wrong. According to the notice of implementing the regulations on the labor contract of Shanghai (22): the wage income used for calculating the economic compensation in the forty-second provision of the Regulations refers to the wages, bonuses, allowances and subsidies that are included in the total wage statistics according to the provisions of the state and the municipality. It does not include the income of various taxes, stocks, options, dividends and other related investments that are not included in the total wages according to the provisions of the state and the municipality, and does not serve as the basis for the economic compensation for the termination or termination of the labor contracts.

Therefore, when calculating the employees' economic compensation, enterprises should calculate the cars and meals.

Second, the enterprise sends out the work order, should pay wages according to the law at the same time, and so on, can not be dragged to payday.

Otherwise, it may lead to new labor disputes.

As for the choice of "dilemma", the reporters believe that in fact, the workers have made concessions. If the enterprises think that the lawsuit is not settled, the workers' reluctance to sign on the paper "no longer have any other right to recourse" will be the reason for the failure of the economic compensation. This argument is untenable. If there is no legal case, the enterprise's payment for cancelling the economic compensation should be paid when the labor contract is terminated.

The right to recourse is itself the legal right of workers. The law also gives workers the actual effect of protecting their rights and interests through legal means within one year after the end of labor relations. How can a company require workers to promise to "no longer have any other recourse" when discharging labor contracts as a condition for the payment of economic compensation?

When these workers asked for compensation, they proposed to temporarily eliminate overtime wages, and enterprises could "take a step back". First, they solved the problems of economic compensation and so on, and overtime wages could be resolved according to the arbitration department's decisions or mediation, which could simplify the problems and help settle disputes in a harmonious way.