Dismissed Employees Did Not Go Through The Formalities According To Law.

"The employee absences from work for more than 30 days without any reason. According to the company's" attendance and leave management system ", it is deemed to have left the company automatically.

However, our lawsuit has been defeated by the Zhumadian intermediate people's court. "

A few days ago, Dong Ruiheng, chairman of Zhumadian Henan Henan postal Technology Co., Ltd.

Dong Ruiheng's lawsuit was caused by a company employee who absences from work without reason.

In March 31, 2012, the company's staff worked in Yu mail gold earth company, and the two sides signed labor contracts for the period from March 31, 2012 to March 30, 2015.

After August 2013, when he didn't ask for leave, he didn't go to work. The company told the personnel department to terminate the labor contract with Su Da Qiang, stop the wages of Su Da Qiang, and no longer pay social insurance for them, but did not do the formalities to terminate the labor contract.

Unexpectedly, after a period of time, Su Daqiang suddenly came to the house and asked the company to reissue wages, and to cover social insurance such as medical insurance, pension insurance, unemployment insurance and so on.

Such a request, the company immediately refused.

With no consultation, lodge strongly proposed to the Zhumadian labor and personnel dispute arbitration committee.

。

April 28, 2014, Zhumadian City Labor

The Arbitration Commission made arbitration and the two sides continued to fulfill the labor contract signed in March 31, 2012, and dismissed other requests such as the replacement of wages and the payment of social insurance by Lodge.

Su Da Qiang disagrees with the ruling and lodge a lawsuit with the court of Zhumadian city court within the statutory time limit.

After hearing, the courier court made the following decisions in accordance with the law: first, the two sides continue to fulfill the labor contract signed in March 31, 2012; two, the limited Henan Yu mail gold earth science and Technology Service Co., Ltd. for ten days to lodge for September 2013 to May 2014 during the pension, medical, unemployment and other social insurance (excluding)

Part of the specific amount is calculated by the insurance agency.

"The articles of association clearly stipulate that employees leave the office without reason for more than 30 days according to automatic turnover.

When he stayed away from work for a long time, he asked the company to make compensation.

If so, how will the company manage later? "It was very annoyed at the management of the company, and soon filed an appeal.

After the second hearing, the court held that in March 31, 2012, Su Daqiang signed a labor contract with Henan postal gold earth company, and the two sides formed a labor contract relationship. The labor contract should be protected according to law.

Although after August 28, 2013, he didn't go to work at Yujin gold earth company, but whether the act violated the rules and regulations of Yujin golden earth company and whether it should be dismissed. According to the relevant provisions of the labor law of the People's Republic of China and the labor contract law of the People's Republic of China, the land company of Henan postal company should make clear and standardize its handling according to the relevant regulations of the labor law of the people's Republic of China.

In May 19th, the company received the court of Final Appeal decision No. 2015 (No. forty-seventh) of the court of final appeal of the court of second instance (forty-seventh). It was concluded that the labor contract between the golden land company and the lodge is still in force. The company should pay for the social insurance premiums, such as pension, medical care, unemployment and so on, which should be borne by the unit between September 2013 and May 2014.

However, Lodge's claim for repaying wages during labor shortage is not supported.

For the result of losing the lawsuit, the company can only accept the performance.

"We respect the court's decision," a company leader said with a bitter smile.

In the future, we will re regulate our company management regulations and govern enterprises according to law so as to avoid similar incidents from happening again. "