There Is No Economic Compensation For The Contract Of Public Welfare.

Sun Mou is a family member who has difficulty in obtaining employment. He is 56 years old and is not in good health. In April 1, 2011, he was arranged by a District Management Bureau to work in public welfare position (Assistant Manager), and signed a labor contract with a term of 3 years, with a salary of 1250 yuan per month. After the expiration of the labor contract in March 31, 2014, the City Management Bureau will notify the labor contract in writing not to renew the contract after it expires. He has no objection to this, but believes that according to the provisions of the labor contract law, the Urban Management Bureau should pay financial compensation according to his working life. The City Management Bureau rejected his request on the grounds that his post was a public welfare post. Sun can not understand this. In May 2014, the City Management Bureau reported to the local labor and personnel dispute arbitration committee, and asked the City Management Bureau to pay an economic compensation of 3750 yuan. Arbitration Commission After receiving the arbitration application of Sun Mou, the labor security policies, laws and regulations before the filing were preached and explained. Finally, Sun Mou withdrew the application for arbitration.

Commonweal jobs are short-term public employment positions provided by the local people's government to provide financial assistance. The purpose is to help those who are difficult to obtain employment through market competition. In view of the fact that there are some special features in the employment of public welfare posts, the twelfth provision of the regulations on the implementation of the labor contract law stipulates: "the public welfare posts offered by local people's governments at various levels to provide jobs and social insurance allowances for the placement of employment difficulties are not applicable to the provisions of the labor contract law relating to the no fixed term labor contracts and the payment of economic compensation."

Where the government Investment In the establishment of public welfare posts, priority should be given to the placement of older persons with difficulty in employment. The streets and communities should give priority to those who are older in employment difficulties. The object of this employment assistance system refers to those who are laid off and unemployed, especially those who are over 50 years of age, who are over 40 years of age, have the ability to work and wish for employment. Those who are laid off from state-owned and above collective enterprises, who need to be resettled, and those who enjoy the lowest living security and have been unemployed for more than 1 years shall be examined and identified by the labor security department at or above the county level, and they will be reclaimed. Employment permit It should be noted above. At present, governments at all levels have issued relevant policies, calling for the elderly laid-off workers as the main object of employment assistance and providing timely assistance.

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In January 1st this year, Zhao applied for a chemical company in Ji'nan. The two sides signed a labor contract for a period of 3 years, and the contract has a probationary period of 2 months. After 1 months' working time, Zhao and his colleagues fell to basketball while they were playing basketball. During Zhao's hospitalization, the chemical company lifted the labor contract with Zhao because he had serious injuries and was not fit for work. 5 days later, Zhao applied to the local labor and personnel dispute mediation and Arbitration Commission to request the chemical company to give medical treatment for 3 months, and continue to fulfill both sides' labor contracts.

Chemical companies argue that Zhao is not a formal employee, but is still under trial and should not enjoy medical treatment.

The Arbitration Commission concluded that the medical term refers to the time limit for the employees to stop working and cure the disease because of illness or non public injury. The provisions of article third of the "medical treatment period for sick or non working injured employees" stipulates that if the employees of the enterprise need to stop medical treatment due to illness or non work injury, they should give 3 to 24 months' medical treatment according to their actual working years and their working years. The actual working life is less than 10 years, and the duration of work in this unit is less than 5 years for 3 months. The medical treatment period is determined by the actual working life of the workers and the length of time they work in the unit. No matter whether during the probation period, as long as the workers are sick or injured, they should enjoy at least 3 months' medical treatment. During the medical period, they can not terminate the labor contract, and they should pay sick leave according to the regulations.

Finally, the Arbitration Commission supported Zhao's request.