Unit Refused To Leave The Certificate Of Proof Of Employee Compensation

When the company expired, the company offered to renew the contract with sun.

Low, refused to renew.

After leaving the original company, sun soon found a company that he admired.

The new company issued an employment notice to Sun Mou and asked sun to carry on the entry formalities in December 25th.

Sun found the original company several times and asked the original company to issue proof of resignation, all of which were rejected.

Because sun couldn't provide proof of departure, the new company decided not to employ Sun Mou to avoid the risk of employment.

Disappointed, sun immediately submitted an arbitration application to the local labor and personnel dispute arbitration commission, demanding that a technology company compensate for the economic losses caused by refusing to issue a certificate of resignation by 50 thousand yuan.

The Arbitration Commission heard that

It is "proof of termination or termination of labor contract".

The fiftieth provision of the labor contract law stipulates: "the employer should issue a proof of termination or termination of the labor contract when he terminates or terminates the labor contract, and files the worker for 15 days.

Transfer procedures. "

The eighty-ninth article stipulates that: "the employer has not issued a written certificate to the labourer or terminates the labor contract in violation of the provisions of this law. It shall be ordered by the labor administrative department to correct it, and the workers shall bear the liability for compensation for the damage to the laborers."

In this case, a technology company failed to issue a proof of resignation for Sun Mou in a timely manner, which made Sun Mou lose his job opportunity, resulting in economic losses and should be compensated.

Finally, the Arbitration Commission ruled that a technology company issued a proof of resignation for sun, and compensated Sun Mou for an economic loss of 30 thousand yuan.

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In September 2009, Li became a warehouse keeper.

In June 2012, a company changed its name and legal representative to become a company B, and Li became employee of B company immediately.

In August 2014, due to the need to expand the scale of operation, the second company merged and reorganized with another local business company. It changed the company name again and set up the company.

In November 2015, Li didn't pay the social insurance premium for the company, and proposed to terminate the labor contract with the company, and asked the company to pay the economic compensation.

When Li has calculated the economic compensation with the financial department of C company, he found that his working life was seriously shrinking, and he found the company's head to discuss it, and asked the company to count the number of years of its work in a and B two company in the company's work age.

The company believes that the working life of Lee in the two companies is not related to the company C, and its working life should be calculated from the date of the establishment of the company.

Li refused to accept the case, and he took the company to the local labor and personnel dispute arbitration committee, and asked the company to calculate its working life in the three companies of a, B and C to pay the economic compensation.

Under the mediation of the Arbitration Commission, the company agrees to calculate the economic compensation for the company's working time in the company's two and a company.

The thirty-third provision of the labor contract law stipulates that "the change of name, legal representative, principal person in charge or investor of the employer" shall not affect the performance of the labor contract.

The thirty-fourth rule: "if the employer is merged or divided, the original labor contract shall continue to be effective, and the labor contract shall continue to be performed by the employing unit that inherits its rights and obligations."

On the basis of the above provisions, whether there are changes in the names of the three companies, the legal representatives, or the merger and reorganization of the units, there is succession, continuity and relevance among the three companies.

The tenth provision of the regulations on the implementation of the labor contract law stipulates: "the laborers are not assigned to the new employer units for their own reasons because of their own reasons.

If the original employer has paid the economic compensation to the laborer, the new employer will no longer calculate the working life of the laborer in the original employing unit when he calculates and pays the economic compensation period in accordance with the law.

According to this clause, whether Lee's working life in a and B two companies can be regarded as the continuous working life of the company, the prerequisite is to see whether the situation of Li is in accordance with the legal provisions of "not being worked for the new employer" because of his own reasons. At the same time, it is also necessary to see whether Lee has received financial compensation from the two companies in the process of entering the company B and C two, otherwise the company should calculate its continuous working life.