The Employer Shall Be Compensated For The Employee Being "On Leave".
Recently, Liancheng County Court in Fujian concluded the case.
Labor dispute
In a case, a company in Liancheng City, because of the "leave" form, prevented employees from going to work in units, which constituted a de facto labor contract and was sentenced by the court to pay the wages owed by employees and the compensation for breaking the labor contract illegally.
In June 2014, the defendant, a company in Liancheng, signed a contract with a plaintiff, Chen, for a period of 3 years.
In April 10, 2015, the defendant and the defendant were asked to go home for leave because of disputes.
Vacation time
And take the plaintiff's card and attendance card card the next day.
The plaintiff failed to enter the defendant's office because there was no pass and attendance card.
Plaintiff Chen believes that the defendant is unilaterally relieving the labor contract relationship, which is illegal and dismissed and applied for arbitration by the Arbitration Commission.
The Arbitration Commission awards the defendant to pay the arrears of wages, compensation for illegal labor contracts, unemployment compensation and other expenses to the plaintiff.
The defendant refused to accept the ruling and brought a lawsuit to the court.
The court held that although the two sides did not handle the termination of the labor contract procedures, the defendant actually took action to prevent the plaintiff from going to work in the defendant, which is a de facto labor contract.
The labor contract relationship between the defendant and the defendant has been lifted on the same day as the defendant took the plaintiff's card and attendance card.
The defendant unilaterally relieves the plaintiff when the labor contract has not yet expired.
Labor contract
In violation of the law, compensation shall be paid to the plaintiff in accordance with the provisions of the law.
In the end, the court decided that the defendant should pay reasonable expenses for Chen's arrears of wages, compensation for breaking the labor contract and so on.
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Employee Xu was hospitalized for work-related injuries, and later, in the process of work-related injury appraisal, Xu lost the original bill of medicine and other bills.
The company will take Xu to court and ask Xu to return the medical expenses paid by the company for more than ten thousand yuan.
After the mediation of Miyun court, the company voluntarily withdrew the action.
Xu is a company employee.
In June 2013, Xu injured his left thumb in the process of production, and the company sent him to Tongzhou District hospital for treatment.
During the period of Xu's hospitalization, the company paid a total of ten thousand yuan for all medical expenses.
Because the company has paid work-related injury insurance for Xu, Xu took the original documents of his case and medical expenses from the company on the grounds of injury identification and medical bills. After that, there was no bills company unable to account for reimbursement. The company repeatedly urged Xu to send the bill back, but Xu explicitly told the company that the notes had been lost.
Because no document company could not reimburse, the company sued Xu to the court and asked Xu to return the medical expenses paid by the company.
In the trial, Xu said that he had suffered industrial injuries, and the company should pay medical expenses for himself.
Taking into account the difficulties of Xu's economic conditions, the accident has already been unfortunate. The court has mediated mediation between Xu and his unit. After mediation, Xu's company voluntarily withdrew the action.
- Related reading
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How Do Part-Time Employees Protect Their Rights And Interests Due To Injuries?
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