Serious Violation Of Discipline By Workers And Workers Can Rescind The Contract.

Wu worked in a company in Weihai in March 2012. He was injured in a traffic accident in November 13, 2012. He was identified as 6 disabled. The degree of nursing dependence was no nursing dependence.

In November 12, 2013, when Wu stopped working and paid his salary, he did not work for the company, nor did he go through the sick leave procedure according to the regulations.

In May 2014, the company gave Wu a job as a doorman, but Wu refused to work on the grounds that the treatment had not ended and was not competent for the post.

In September 22, 2015, the company once again sent a notice of work arrangement to Wu, providing 4 jobs for Wu to choose and asked him to report to the company in September 26, 2015.

In September 23, 2015, Wu replied that the company was not competent for the 4 Posts offered by the company, and asked the company to arrange other jobs.

In September 26th, Wu did not report to the company.

In October 15th, the company terminates the labor contract with Wu on the basis of the "labor contract law" and the company's staff management system, because Wu did not choose posts, did not go to work on duty in accordance with the prescribed time, and continued absenteeism for 19 days.

Wu submitted an arbitration application to the local labor and personnel dispute arbitration commission, requesting the cancellation of the company's decision to terminate the labor contract and the company's monthly payment of disability allowance.

But in the end, the Arbitration Commission dismissed Wu's request for arbitration.

about

Retention of employees

Treatment,

"Thirty-fifth, thirty-sixth and thirty-seventh are clearly stipulated.

Workers who have been identified as grade 5 or 6 are disabled due to work-related disability, and their labor relations with employers should be retained.

If the work is difficult to arrange, the employer will issue disability allowance monthly.

The worker injured himself suggests that the employee can terminate or terminate the labor relationship with the employer.

In this case, after being identified as a 6 grade disabled Wu, the company should arrange proper work. Only when the company is unable to arrange Wu's work, will it be issued a disability allowance for Wu.

In the company has repeatedly offered jobs for Wu, the objective fact that it is difficult to arrange work does not exist.

Under such circumstances, Wu still refused to go to posts on the grounds that he was incompetent and had no false absenteeism, which was a serious violation of the company's rules and regulations, and the company could terminate the labor contract according to law.

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In August 2004, Xu graduated from Ji'nan University into a technology company.

Because Xu is smart and competent, he is appreciated by company leaders and has been rewarded repeatedly.

Last year, because Xu worked well, the company arranged for Xu and other outstanding colleagues to take part in a 7 day trip abroad and a 5 day domestic tour.

By the end of the year, Xu planned to travel to Hainan with his girlfriend, so he proposed to the company to take 10 days' annual leave, and the result was refused by the company.

The reason for the company's refusal is that Xu has taken part in a 12 day collective tour arranged by the company and is not entitled to enjoy 10 days of annual leave.

At the beginning of this year, Xu left the company for various reasons, and then applied to the local labor and personnel dispute arbitration committee for compensation for 5600 yuan.

According to the trial of the Arbitration Commission, the third provision of the regulations on paid annual leave for employees stipulates that the accumulated work of employees has been 10 years for less than 20 years, and the annual leave is 10 days.

Xu can enjoy 10 days' annual leave, enjoy the annual leave treatment according to law, and have the right to arrange vacation time and way of his own.

The arrangement of collective outbound travel by employers is a reward or welfare, which can not replace individual annual leave.

The fourth provision stipulates that workers who do not enjoy the annual leave of the year under one of the following circumstances: workers enjoy the winter and summer holidays according to law, and the number of days off is more than the number of days of annual leave. Workers who ask for a leave of absence exceed 20 days or more and the unit does not deduct wages according to the regulations; workers who have accumulated 10 years' work for less than 20 years, ask for sick leave to accumulate for more than 3 months.

Xu's situation is not within the above range.

The fifth provision stipulates that the number of days off should be paid by the employee, and the unit shall pay 300% of the annual salary of the employee on the basis of the wage income of the worker's day.

Xu demanded that the company pay the compensation for the annual leave.

Finally, the Arbitration Commission supported Xu's proposal in accordance with the law.