The Two Sides Signed A Severance Agreement To Compensate For The Loss.

Shang Xiaohui, who is more than 30 years old (a pseudonym), has worked in an advertising company since graduation. She worked hard for 7 years. She also became a mature woman in the workplace.

But when she returned to her hometown in Hebei, she was not envious of her high salary manager position, but worried about her marriage problem.

One day, business Xiaohui received a phone call. Her father was hospitalized because of a heart attack. She immediately returned home and watched her father lay on the bed with her pipe full. Only after her palpitation was realized did she realize that "marriage" was really not a personal matter. She was raised so much by her parents that she could not be so selfish and ignored the feelings of the old people. After so many years of wandering, she was tired and wanted to go home.

So, Xiao Xiaohui submitted a resignation report to the company. She wanted to find her happiness, not only to confer to herself, but also to comfort her elderly parents.

The boss was a little surprised that the reason for Shang Xiao Hui was very unreasonable, and immediately refused her leave application.

Of course, the boss also has his reason, because Shang Xiaohui is currently in charge of a sports brand new product advertisement, the delivery time is very urgent.

However, it seems that Shang Xiaohui, who has walked into a dead end, is trying to give everything to love. It is thought that this is the company's intention to make things difficult, and the second day has disappeared from the company.

What makes the company more angry is that Shang Xiao Hui did not even do the job data pfer before leaving. Even the data files in the computer were deleted.

On the one hand, the client's plan is urged, while the general will leave without saying goodbye.

In desperation, the company had to organize personnel to rush to work, redesign the production plan, but eventually missed the contract deadline and assumed the responsibility of delayed delivery to the customer. The company paid a penalty of 50 thousand yuan.

Different from the company's anxious atmosphere, Shang Xiaohui started her way of seeking love, and spent dozens of times in a week, making herself confused, but not even the names of her relatives.

Xiao Xiaohui, who was still at ease, was exhausted and did not feel the joy of love. She wanted to rest for a while. Then she remembered that she was in a hurry and angry.

When Xiao Hui came back to the company to ask for compensation, the boss didn't hit him. He said, "the wages will naturally be given to you, but how do you calculate the losses caused by the company?" business Xiao Hui didn't expect there was such an accident after that. When the boss said, "as long as you have to go, I can't stay. You have to sign a separation agreement with the company, and you will not be in debt in the future."

The resignation agreement includes two contents: one is about the wage section, the other is written: Shang Xiaohui has voluntarily applied for resignation to the company because of his family affairs. His company's wages, rest days, overtime fees, statutory holidays, overtime and annual overtime pay have been all cleared up during the company's participation in the work, voluntarily waived the entity's rights, and has nothing to do with the company.

The two is about the confidentiality agreement. The company requires the company to protect the company's business secrets after its departure. After 1 months from the termination of the company's labor contract, the company will not be employed, served or served in the company that has a competitive relationship with the company. As for the compensation, the company will compensate the company's economic losses by 50 thousand yuan.

In this way, Shang Xiaohui took 20 thousand yuan back to his hometown, and was going to find a simple job in his hometown to be a simple man and find a simple love.

Perhaps the simpler and luckier the man is, the less fortunate he will be in the less than two months.

Xiao Zhao, a small lawyer, seems to be a little lawyer. She seems to have a little occupational disease. She likes to talk with Xiao Hui, but she doesn't know anything about it. One day, she can't find the topic that she should have and put it out in the drawer for Xiao Zhao's research. I didn't expect her boyfriend to discuss with her seriously. After 5 minutes, the conclusion is: this agreement is not legal! Xiao Xiaohui does not understand. Xiao Zhao told her: "because you just said that the company hasn't arranged your vacation for many years, and has not bought you any insurance, which is not in conformity with the labor contract law. Boyfriend

Shang Xiaohui thought Xiao Zhao was a bit silly in learning law. She pointed out: "you see, this is not written," voluntarily renounce the substantive rights, and have no economic disputes with the company ". In black and white, I have signed, and the people's court can manage it." try it. "

Xiao Zhao, who has been running a criminal case from graduation, seems to have insufficient strength when it comes to labor law.

For this reason, Shang Xiaohui complained to the labor dispute arbitration committee and was rejected.

Shang Xiaohui refused to accept the verdict and filed a lawsuit against the court.

Advertising agency

It was very puzzled to feel that Shang Xiaohui had filed a lawsuit. He thought that at first, he had to voluntarily resign from his hometown, and the application had stated that "voluntarily waived the substantive rights and had no economic disputes with the company". Now she comes again to ask for unreasonable money.

She has caused so much damage to the company. I have not claimed her claim. How can she fight it down?

According to the court's trial, the company should pay the pension insurance and the annual leave with pay, which are all obligations of the company. Although the resignation agreement states that there is no economic dispute with the company, however, because the company did not pay the above compensation to Shang Xiao Hui, some of the contents of the resignation agreement were obviously lost.

Therefore, the defense of advertising companies is not acceptable.

Accordingly, the court finally decided that the advertising company's pension insurance for Xiao Hui was 15600 yuan and the annual leave was 7500 yuan.

When many employees leave the company, they often sign a "package deal" with them in order to terminate their relationship with the staff in a clean way. Finally, they often add a sentence to the customary way, and there is no dispute between the two sides.