The Employer May Break The Contract Without Prior Service Period.

Wang is a technician of a technology company in Rushan. In July 10, 2013, he signed a 3 year labor contract and employee training agreement with the company.

According to the agreement, Wang has to work in the company for 3 years after the end of the training. If he leaves for personal reasons, he will pay liquidated damages to the company.

On the second day, the company sent Wang to Shanghai for a period of 30 days.

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During the period, the company paid a training fee of 8000 yuan for it.

After training, Wang worked in the company, but the company has not paid social insurance premiums for them.

In October 28, 2013, Wang resigned on the ground that the company did not pay social insurance premiums.

The company then referred Wang to the Rushan labor and personnel dispute arbitration commission, asking Wang to pay 6000 yuan for breach of the contract.

After the trial, the Arbitration Commission said that according to the thirty-eighth clause and first paragraph of the labor contract law,

If a social insurance premium is not paid in full, the worker may terminate the labor contract.

The company agreed with Wang.

However, the company violated the law first. Wang's practice of terminating the labor contract is not improper. It is not a violation of the terms of the service period. The company can not ask Wang to pay the penalty.

The Arbitration Commission rejected the arbitration request of the company in accordance with the law.

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In March 1, 2014, he entered a company in Mengyin and worked as a salesman. He signed a labor contract for a period of 3 years. The contract stipulated that the job is a salesperson, the monthly salary is 1500 yuan, and the time of payment is 15 days next month.

Zhang's monthly salary is 1500 yuan, and the company's financial accounts also reflect Zhang's monthly reimbursement of travel expenses of 3500 yuan.

In February 13, 2015, Zhang resigned on the ground that the company did not pay social insurance premiums, and demanded that the company pay 5000 yuan in 2015 January and 5000 yuan in 1 months' economic compensation.

Zhang believes that the nominal travel cost of 3500 yuan is actually part of the company's oral and agreed 5000 yuan salary.

When signing a labor contract, the company's personnel department suggests that 3500 yuan of wages be paid to avoid tax by way of reimbursement of travel expenses.

The company believes that Zhang's monthly salary is indeed 1500 yuan, which has been shown in both the salary scale and the labor contract.

Zhang did not travel in February, and the company could not pay its travel expenses.

Zhang did not hand over his work before he resigned, which delayed the normal work of the company. Zhang did not give notice to the company 30 days in advance and left. The company could not pay the financial compensation.

The two sides did not reach an agreement. Zhang then submitted an arbitration application to the local labor and personnel dispute arbitration commission, which required the company to pay 10000 yuan for arrears of wages and financial compensation.

According to the trial of the Arbitration Commission, according to the labor contract law, if the employer fails to pay the social insurance premium for the laborers in accordance with the law, the laborer may terminate the labor contract and the employer shall pay the economic compensation to the laborer.

Economic compensation is paid to laborers according to the number of years worked by the laborers in their units, and the standard of 1 months' wages paid every 1 years.

The fifty-third provision on the implementation of several issues concerning the labor law stipulates that wages in the labor law refer to the remuneration paid by the employer directly to the workers in the form of money in accordance with the relevant provisions of the state or the labor contract, generally including time wages, piecework wages, bonuses, allowances and allowances, wages extended for working hours, wages paid in special circumstances, etc.

In this case, the wage and labor contracts indicate that the monthly salary of Zhang is 1500 yuan, and the wages of the workers do not include travel expenses.

Therefore, Zhang requested that travel expenses should be paid as a wage and there is no legal basis for calculating the standard of economic compensation.

Finally, under the mediation of the Arbitration Commission, the company paid a total of 3000 yuan in January's salary and 1 months' economic compensation.