Active Resignation Unit Also Has To Pay Economic Compensation.

Workers will inevitably change their jobs in their careers. According to the current law, if the workers themselves propose to resign, the enterprises will not pay the economic compensation.

However, in some special cases, even if the worker proposes to resign, the unit must pay the economic compensation.

[case] Ms. Wu was originally a cleaner in a certain unit in Tangshan City. She signed a labor contract for 1 years with her unit in February 1, 2012 and has not renewed it since.

In March 2013, Ms Wu was diagnosed with hypertension and heart disease as a result of her physical discomfort. Doctors suggested that she should be engaged in light manual labor.

As the unit can not change jobs for them, and the head of the unit also set up obstacles everywhere, and persuaded her to leave, she reluctantly resigned on the grounds that she could not work because of physical reasons.

In July 14, 2013, Ms. Wu paid compensation to the unit for the cancellation of the labor contract, and refused to apply for labor arbitration.

Tangshan City labor arbitration believes that although the two sides of the case have terminate their labor relations, it is first proposed by Ms. Wu, but they are unable to continue their work because of illness. The unit is also aware of this.

Miss Wu resigned and gave up the economic compensation is not the real intention, and the worker is sick or injured in the prescribed period of medical treatment, the employer has the obligation to protect their medical and life. Therefore, Wu asked the unit to pay the request to remove the labor contract economic compensation.

[statement]

As a labor legal act, its entry into force has the following three points: the actor has full civil capacity; the intention is true; it does not violate the mandatory provisions of laws or administrative regulations or social public interests.

The validity of the resignation in this case is mainly focused on whether it conforms to the ideographic elements, that is, the authenticity of the intention.

Ms. Wu, the applicant of the case, once interviewed the employer for a change of job after finding out the illness. Actually, the two sides actually had consultations. However, the unit had the act of inducing Miss Wu to resign. The Arbitration Commission, while negating the effect of resignation, deemed the employer to lift the labor contract and rescind it by consensus.

[case] Choi, 27, graduated from a vocational and technical school in July 2012.

In September 2012, Cui applied for a canteen in a private college.

The labor contract signed by both parties has agreed that the work place is in the old campus of the school.

In 2014, the school added a new campus through the replacement of land, and Choi was pferred to the new campus canteen.

Because he was too far away from home, Choi did not want to go and had several rounds of consultations with the head of the school.

The relationship between the two sides was deadlocked, and Choi decided to resign.

After his resignation, Cui felt that the school should pay the economy to him.

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But the school thought that Cui was resigned voluntarily, and the school did not have to pay the economic compensation.

After hearing that, although Cui made the initiative to resign on the surface, but the reason is that the agreed workplace changes, labor contracts have actually failed to continue to perform.

The labor contract signed by both sides does not stipulate that schools can adjust the location and jobs of Cui in a specific area. Major changes have taken place in the workplace. Cui has made it clear that he is unwilling to accept the work of the new campus, and the school is unwilling to arrange Choi to continue to work in the old school district. Therefore, Cui's resignation school should pay an economic compensation.

[statement] from the legal point of view, the resignation of workers is only a representation, and the key is the real reason behind this appearance.

According to the provisions of the labor contract law of the People's Republic of China, if the employer fails to provide labor protection or labor conditions in accordance with the labor contract, the worker can terminate the labor contract, and the employer shall pay economic compensation to the laborer.

In this case, the worker's working place has undergone major changes. Cui has made it clear that he is unwilling to accept the work of the new campus. It can be seen that the unit has been unable to continue to provide labor conditions in accordance with the contract.