It Is Not Wrong To Dismiss A Company From Professional Ethics.
In February 20, 2015, Ding went to a logistics company as a business manager.
When he was in charge of the company, he found that he could make a profit from it, that is to set up a partnership company with his spouses and to seal the seal of the logistics company, forge the sales contract, and sell the goods with his spouses.
The logistics company found that Ding Mou's behavior was based on a serious violation of rules and regulations, malpractices and damage to the company.
Ding refused to accept the decision to dismiss the labor contract on the grounds of breaking the law, and applied for arbitration to the local labor and personnel dispute arbitration committee, requiring the logistics company to pay an economic compensation of 4689.16 yuan.
The Arbitration Commission heard that
labour law
"Third,"
Worker
Labor discipline and professional ethics should be observed.
The thirty-ninth provision of the labor contract law stipulates that a laborer violates the rules and regulations of the employing units seriously, dereliction of duty and malpractice, causing serious damage to the employing units. The employer can terminate the labor contract with the workers and have the right to recover the economic losses from the workers.
Ding's behavior not only violates the company's rules and regulations, but also violates the professional ethics as a worker, and may even face criminal penalties.
Finally, the Arbitration Commission dismissed Lee's request for arbitration.
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In December 13, 2014, Xiao Zhang went to an advertising agency to solicit advertisements.
Business planning
And so on, the advertising company made work cards for them.
In April 2015, Xiao Zhang was injured when he went out to undertake the business, and he had been recuperating for 3 months.
In July 31, 2015, Xiao Zhang tou resigned to the advertising company and demanded payment of work-related injuries. He was refused.
Because the two sides did not sign
Labor contract
Xiao Zhang applied to the local labor and personnel dispute arbitration committee for confirmation of the existence of labor relations with advertising companies.
The advertising company argues that Xiao Zhang is a part-time worker and there is no labor relationship between them.
The court found that advertising companies pay 3000 yuan to Xiao Zhang monthly through bank cards.
The Arbitration Commission believes that the notice on the establishment of relevant matters concerning labor relations stipulates that when employing units do not sign labor contracts, the labor relations shall be established at the same time.
(1) employing units and workers comply with the main body qualifications stipulated by laws and regulations; (two) the labor rules and regulations formulated by the employing units according to law shall be applicable to the labor management of the laborers, the employing units, and the remunerated labor arranged by the employing units; (three) the labor provided by the workers is an integral part of the business of the employing units.
When a labor relationship exists, it is possible to prove the evidence or other workers' testimony with reference to the payment voucher, attendance record, etc.
In this case, the qualifications of Xiao Zhang and the advertising company are in accordance with the laws and regulations. The labor provided by Xiao Zhang belongs to the business unit of the unit. Wages are also distributed by advertising companies. The work cards and the wage cards provided by Xiao Zhang form a complete chain of evidence. The company has no evidence to prove that Xiao Zhang belongs to the part-time staff.
Finally, the Arbitration Commission ruled that the two sides had labor relations from December 13, 2014 to July 31, 2015.
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