Who Is Responsible For The Loss Caused By The Unit'S Failure To Handle The Dismissal In Time

　　 □ Brief introduction

Liu joined a company as a sales manager in January 2013 and signed a three-year labor contract. In October 2014, Liu submitted a written resignation to the company. The company once proposed to Liu that she could continue to work for two months before leaving, because she has a large number of company sales data in her hands and needs two months for handover. However, Liu insisted on resigning and resigned 30 days after he submitted his resignation in writing. The company believes that Liu's act of leaving the company before completing the handover procedures is irresponsible and has caused damage to the company. Therefore, the company did not handle the exit procedures for Liu after he left the company. During this period, Liu has repeatedly asked the company to go through the exit procedures and return the labor manual. After repeated urging by Mr. Liu, the company handled the exit formalities for Mr. Liu in June 2015 and sent the labor manual to Mr. Liu. Liu thought that the company had violated his employment right by not going through the exit procedures for him, so he applied to the Labor and Personnel Dispute Arbitration Commission for arbitration and asked the company to compensate him for the loss of missed work during the period from November 2014 to June 2015 according to the 4000 yuan/month salary standard agreed in the contract.

　　 □ Focus of dispute

The company failed to handle the exit formalities for Mr. Liu in time. Is there any Liability ?

Liu believes that he submitted his resignation in writing to the company in October 2014 and left the company 30 days later, and has fulfilled the obligation of advance notice as required by law. The company shall timely handle the exit procedures for him after he leaves his post. Now, due to the company's reasons, the company has not handled the exit procedures for him for 8 months, which has seriously affected his right to employment, and the company should pay compensation.

The company believes that although Liu fulfilled his obligation of 30 days' notice in advance, he did not complete the handover procedures when he left, which caused damage to the company. The company has repeatedly asked him to come back and assist in handling the work handover procedures, and promised to handle the exit procedures for him after completing the procedures. Therefore, the company is not at fault and does not need to compensate Liu.

　　 □ Judgment result

After hearing the case, the Arbitration Commission held that the Company should be liable for compensation if it failed to handle the dismissal procedures for the employees in time according to the law after their resignation, which caused serious impact on the employees' subsequent employment. However, there is no legal basis for employees to ask the company to make compensation according to the wage standard agreed in their labor contract. Therefore, it was decided that the company should compensate Liu for the loss from November 2014 to June 2015 according to the unemployment insurance compensation standard.

This case is a case about the loss of employees caused by the employer's failure to handle the dismissal procedures for workers in time. According to the first paragraph of the Regulations on Employment Service and Employment Management:“ worker If the employee is recruited by the employing unit, the employing unit shall handle employment registration for the employee. The employing unit shall register with the local public employment service agency for the record and go through the employment registration formalities for the laborer when it recruits the laborer or terminates or terminates the labor relationship with the laborer. The employing unit shall go through the registration procedures within 30 days after the recruitment; The Employer shall handle the termination or dissolution of the labor relationship with the employee within 15 days Registration procedures Therefore, the employer has the obligation to go through the exit registration procedures for the worker within 15 days after the worker terminates the labor relationship. In addition to going through the procedures for workers to register for quitting work, Article 50 of the Labor Contract Law also stipulates that "the employer shall issue a certificate for the cancellation or termination of the labor contract when it cancels or terminates the labor contract, and handle the procedures for the transfer of files and social insurance relations for workers within 15 days." These are called "post contractual obligations" of the labor contract, It should also arouse the attention of employers. If the employer fails to perform such "post contract obligations" in a timely manner, it will also bear corresponding legal liabilities. Article 89 of the Labor Contract Law stipulates that "if an employer fails to issue a written certificate to the worker for the dissolution or termination of the labor contract in violation of the provisions of the Labor Contract Law, the labor administrative department shall order it to make corrections, and if it causes damage to the worker, it shall be liable for compensation.", After the cancellation or termination of the labor relationship with the laborer, it shall timely handle the exit registration and the transfer procedures of the file and social security relationship for the laborer. It is not subjective to think that the laborer fails to complete the work handover and delays handling the above procedures, and there is no causal relationship between the two. If the employer believes that the employee's resignation has caused losses to the employer, it may claim compensation for losses from the employee.