Fifty Thousand Of The Robbers Escaped And Complained That The Security Was Not In Good Condition.

I am a security guard in a company.

A month ago, when I discovered the abnormality in the surveillance video during the night shift duty, I immediately reported to the leaders and reported the police to the public security department, and then rushed to the scene of the accident.

However, as the thieves panic over the wall, and one of my strength is limited, thieves still carry 5 yuan of cash stolen from the accounting room to escape.

Recently, the company decided that I was a dereliction of duty on the grounds that I didn't find the thief in the company just in time.

At the same time, in accordance with the rules and regulations and my labor contract, I will terminate my labor relationship in the name of dereliction of duty.

And the findings of the public security department do not show that I constitute a dereliction of duty.

I would like to ask: in the above circumstances, if I agree to be dismissed, should the company compensate me?

The company shall pay you economic compensation for breaking the labor contract illegally.

On the one hand, the company's behavior is illegal.

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The interpretation of the Supreme People's Court on the application of the "Civil Procedure Law" stipulates ninetieth: "the parties shall provide evidence to prove the facts on which they claim their claims, or to refute the facts on the other party's claims, unless otherwise provided by the law.

If a party fails to provide evidence or evidence is insufficient to prove his factual opinion before making a judgment, the party who bears the burden of proof shall bear adverse consequences.

The Supreme People's Court on civil matters

The second article also states: "the parties have the responsibility to provide evidence to prove the facts based on their claims or refute the facts on which the claims are based.

If no evidence or evidence is insufficient to prove the facts of the party, the party who bears the burden of proof shall bear the adverse consequences.

According to the above provisions, although the company is stolen, it has no evidence to prove that the investigation results of the public security department do not indicate that you have any dereliction of duty, which determines that the company has the right to dismiss employees who are neglectful of their duties.

And there are corresponding contents in your labor contract, but they still need to bear adverse consequences.

On the other hand, the company must compensate you.

The forty-eighth provision of the labor contract law stipulates: "if the employer violates the provisions of this law to terminate or terminate the labor contract, if the worker requests to continue to perform the labor contract, the employing unit shall continue to perform. If the worker fails to continue to fulfill the labor contract or the labor contract has not been able to continue to perform, the employer shall pay the compensation in accordance with the eighty-seventh provision of this law."

The eighty-seventh article of the law points out: "if the employer violates the provisions of this law to terminate or terminate the labor contract, it shall pay the laborer compensation in accordance with two times the standard of economic compensation stipulated in the forty-seventh provision of this law."

In view of the fact that the company has made a decision to dismiss you illegally, and you agree to be dismissed on the basis of various considerations, the company must pay the compensation according to the standard of your company's working life and pay two months' salary per full year.

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Ms. sun called to consult: I worked in the company for three or four years, and I never had any annual leave before. I heard that as long as I worked continuously for 1 years, I could enjoy the annual leave treatment, and passed the company trench. The company did not stipulate that employees could enjoy the annual leave in the rules and regulations. Could I apply for annual leave with the company? How do I calculate the annual leave that I did not have in the past few years?

Pan Qiang, director of the law enforcement firm, and Wang Bingzhe, an intern lawyer, said: according to the regulations on paid annual leave for employees implemented in January 1, 2008, the unit should ensure that employees enjoy annual leave, and workers enjoy the same wage income during the annual leave period as the normal working period. The accumulative work of the employee has been under 1 years for less than 10 years, and the annual leave is 5 days. The annual leave for 10 years after 10 years of less than 20 years is 15 days.

Accordingly, Ms. sun should enjoy 5 days' paid vacation a year.

If the unit is unable to arrange Ms. sun's annual leave due to the need of work, the unit can not arrange the annual leave after the consent of Ms. sun. However, the number of days off should be paid by the worker in accordance with the 300% of the employee's daily income.

If the unit does not arrange annual leave and does not pay annual leave in accordance with the provisions of this Ordinance, it may report it to the labor and social security department.

As for the unpaid annual leave in previous years, in principle, it can no longer make up for the rest, but it can ask the unit to pay the compensation fee, that is to say, it will enjoy 300% wages per day for 5 days per year.

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