Enterprises Stop Working And Leave, But Say Employees Leave On Their Own.

"The company stopped working and then said it was our departure.

If it were not for Trade Unions' legal aid to help us protect our rights for two times, how could we get the 20 thousand yuan economic compensation? "Liu Xinyun said.

Liu Xinyun and other 6 workers who have successfully secured their rights have gone through a year since they applied for labor arbitration to win the final court decision.

In mid October 2013, Liu Xinyun, a 40 year old suburb of Beijing suburb, introduced the village committee and came to a warehouse worker.

Not long ago, Lin Xiuhua, Tian water source and Cheng Zhitu, Yang Shimei and Ma Youfan who came to Beijing to work with her village also came to work in the company and were assigned to work in the warehouse where Liu Xinyun was located.

Subsequently, the company signed labor contracts with them, and the contract period ended as of March 1, 2015.

The company is a private enterprise. After the Spring Festival in 2014, the unit often had a holiday due to insufficient orders.

In December 9, 2014, director Liu of the storehouse called the 8 warehouse workers together to hold a meeting, saying that the company had no orders for the time being temporarily suspended, and began to take off from second days.

After stopping work, the unit has not paid wages or living expenses to them, they call Liu director, the other side always says that he is patient and so on.

After the Spring Festival in 2014, when they called Liu again, they got the reply: "don't look for me later. The company says that we have terminate the labor contract with you, and we have nothing to do with it."

Everyone was anxious to hear this, and several people decided to sue the company.

Finally, Liu Xinyun, Lin Xiuhua, Tian Shui yuan, Cheng Zhitu, Yang Shimei, Ma Youfan and other 6 warehouse workers came to the labor and personnel arbitration commission for arbitration.

At first, there were 4 items of arbitration request: 1., confirmed that the labor contract relationship between the unit and the unit had been lifted; the 2. unit paid the economic compensation for the rescission of the labor contract; the 3. unit paid the post wage for the period from December 10, 2014 to April 31, 2015; and 4. paid the annual leave wages during the service period.

The Arbitration Commission accepted their application and confirmed the date of the hearing.

The 6 warehouse workers were at a loss because no one had ever been involved in a lawsuit.

I learned that trade unions are free.

They came to the legal service center of Beijing Federation of trade unions to apply for legal aid.

After examination, they met the conditions for enjoying legal aid from the trade union. Accordingly, the center arranged staff Yang Xuefeng to provide labor arbitration agency services for them.

Shortly afterwards, the Arbitration Commission heard the trial.

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The 6 warehouse workers suggested that the first request item "confirm the relationship between the labor contract and the unit has been lifted" changed to "confirm the existence of labor relations with the company during the service", and the unit required a reply period.

After half a month, the Arbitration Commission held the second session.

"For the first request, we recognize their employment relationship with the company until December 9, 2014," said Su manager, head of the company.

However, the company did not agree with the latter three requests. Since December 10, 2014, they did not go to work without any reason, and the two sides have lifted the labor relationship from this day.

The wages have already been paid, and since they have not provided labor, we certainly can not afford to pay wages.

In addition, the 6 of them left on their own, so the company did not have to pay the compensation.

The company did not have to pay the annual leave for 6 years because they had been working for a year.

He submitted evidence such as payroll and payroll reconciliation through banks.

Yang Xuefeng put the 6 contract workers' labor contracts, bank details list,

To the arbitral tribunal, he said, "according to the thirteenth provision of the Supreme People's Court on the interpretation of several issues concerning the application of law in labor dispute cases, the employer shall bear the burden of proof as a result of the decision of the employer to expel, remove, dismiss, rescind the labor contract, reduce labor remuneration, and calculate the working life of workers.

Since Su manager said that the 6 workers were leaving on their own, evidence should be provided for confirmation.

If there is no sufficient and effective evidence, the enterprise shall pay the economic compensation for the dissolution of the labor contract. "

Not long after, the Arbitration Commission ruled that 6 workers had labor relations with the company from the entry to December 9, 2014, and that the unit paid 6 applicants an economic compensation fee of 20 thousand yuan, and dismissed other employees' arbitration requests.

When the award was reached, the 6 warehouse workers were satisfied with the result, but the unit refused to accept the case and appealed to the court.

The focus of the dispute lies in whether the unit needs to pay economic compensation for the termination of the labor contract.

After the court hearing, the 6 warehouse workers argued that the company suspended production from December 10, 2014, but there was no sufficient evidence to prove it.

The company said that the 6 warehouse workers were leaving on their own and did not give evidence to prove this.

As the laborers and employers have different opinions on the reasons for the termination of labor relations, and they can not submit enough evidence to prove their respective litigation claims, the court shall regard the employer as the employer and dissolve the labor contract with the laborers through consultation. The employer should pay the laborer the economic compensation for the termination of the labor relationship.

In accordance with the provisions of the labor contract law on the economic compensation and the amount of wages shown in the wage schedule and bank detailed list, the court decided that the economic compensation payment for the 6 warehouse workers by the company was 20 thousand yuan.