How To Resolve Labor Disputes After The Festival?

Before and after the Spring Festival is the high incidence of dissension disputes, which also causes many legal problems.

"I came back 3 days later, and I made up for sick leave, but the company said the fake didn't meet the requirement, so I wrote off the absenteeism and dismissed me."

Miss Liu quickly found the Minister of personnel explained, but he said the company prescribed that the sick leave certificate must be issued by the designated hospital of Beijing medical insurance before it was valid. The certificate of sick leave handed over by Ms. Liu was opened by the health station in the old village, so the sick leave proved invalid, so the 3 days could not be regarded as sick leave.

The unit also said she did not fulfill the procedures for taking leave, and those 3 days could not be regarded as a leave of absence.

The company stipulates that sick leave should be issued by a designated hospital of Beijing medical insurance, sick leave must be performed on leave, and 3 days after total absenteeism.

However, these rules and regulations should be discussed by the staff congress or all the staff members, and the proposals and opinions shall be put forward, and shall be determined by consultation with the trade union or workers' representatives on an equal footing.

The Circular No. eighth of the Interim Measures for the management of medical insurance for insured persons in Beijing ([2001]23, No. 1 of Beijing Labor Agency) stipulates that when a insured person can not go to a designated medical institution for medical treatment because of an emergency, he can go to the nearest designated medical institution for emergency treatment or hospitalization, but after a stable condition, he should turn back to his designated medical institution in time.

The twelfth provision stipulates that during the period of public outing and visiting relatives, the insured can not return to Beijing for emergency treatment outside the administrative area of the city, and can be treated at a local designated medical institution at the county level or above.

。

In this case, the party's home is in the countryside. Once ill, it is necessary to first treat the health station in the village. The unit should consider her actual situation.

At the same time, there are also flaws in the practice of employees. Employees are ill at home, unable to get to work on time, and they do not ask for leave in time. They should provide diagnoses and drug fee documents when they see a doctor, so as to prove that late work is caused by illness.

Mr. Song entered 11 years and his labor contract expired on 14 February 2016.

Before the Spring Festival holiday, Mr. Zheng, director of the office, informed Mr. song that he would renew his unfixed term labor contract on the first day after the festival in February 14th.

Mr. Song was filled with joy, resulting in a coma due to excessive drinking on the sixth day.

After sending to the hospital, the doctor said that Mr. Song was alcoholism, which caused damage to the central nervous system, and he woke up third days after pfusion.

In February 17th, after the certificate of sick leave was handed over to the workshop, Mr. Song hurried to his office to renew the contract. But he told him, "you didn't get to the company on time. The original labor contract was terminated on the 14 day of February, and the unit decided not to renew the labor contract with you."

According to the provisions of the third provision of the medical treatment period for the sick or non injured workers, the actual working life of the employees in the enterprise is more than 10 years due to illness or non work injury, and the medical period of 12 months is more than 10 years and 15 years.

In this case, Mr. Song went to work in February 17th and only had a rest for 3 days, which falls within the medical treatment period.

At the same time, the unit asked him to renew his labor contract in February 14th, but he was in a coma and unable to ask for sick leave. He immediately told the unit about illness after waking up on the 15 day.

According to

"Article forty-fifth stipulates that when a labor contract expires, the worker's illness or non work injury is within the prescribed medical period, and the labor contract shall be postponed until the corresponding circumstances disappear.

Therefore, the unit can not dissolve labor relations because Mr. Song fails to renew the labor contract on time. On the contrary, Mr. Song has the right to ask the unit to renew the labor contract according to law.

After 6 years' work in a construction company, Mr. Xie, who was promoted from a general worker to a business manager, was compensated by the unit for a loss of 10 million yuan. Otherwise he would leave the company voluntarily, and he could not ask the company to pay any financial compensation.

For the reasons, Mr. Xie said that after the Spring Festival, the leader decided to let him take part in the tender and ordered his ticket in the office. He went home and took his belongings to the airport.

Due to bad weather, the plane landed more than an hour later, and when he arrived at the bidding site, it was over.

After coming back, the general manager was angry with him. He said he had delayed the loss of 10 million yuan from the tender unit, and all his wages were deducted from February until he lost all his losses. If he did not agree, he was asked to write an application and take the initiative to resign.

First of all, the unit temporarily decided to send Mr. Xie to the field to participate in the tender.

However, the delay caused by the weather is caused by force majeure and is not caused by personal reasons, so he is not responsible for it.

Secondly, even if Mr. Xie arrives at the venue to attend the tender on time, he may not win the bid, so he can not ask Mr. Xie to compensate for the loss.

At the same time, according to the eleventh provision of wage payment, the employer must not deduct at will.

If the employer fails to pay wages in accordance with the provisions of the preceding paragraph, the balance after deduction shall not be lower than the minimum wage standard of the municipality.

From this point of view, in this case, the unit's decision to deduct employee wages from February does not conform to the law. Employees can communicate with and consult with the unit first. Negotiation can not be resolved through legal means, and employees can apply for union rights protection.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.