During The Service Period, Leave The Post Without Authorization And Make A Breach Of Contract.

The enterprise carries out special training for employees, and limits the training staff to job hopping in the form of agreed service period.

But in order to get a higher platform or salary, laborers show no job and so on, so as to induce employers to dismiss the service voluntarily to avoid the appointment of service period.

Little did I know.

This act constitutes a serious breach of the rules and regulations of the employer and is dismissal. The liability for breach of contract is unavoidable.

Recently, the Loudi labor and personnel dispute arbitration commission has handled a similar case.

Zhang joined VAMA, a Sino foreign joint venture company in 2014, engaged in online quality inspection. The two sides signed a labor contract for a period of five years.

At the same time, in order to better pfer the core technology of quality inspection of foreign capital companies, VAMA decided to select quality inspectors to participate in foreign technology pfer training.

After consultation with Zhang, the two sides signed the "overseas training agreement", which stipulates that the date of signing the labor contract is the starting date of the service period, and the service period is 5 years. During the agreed training period, no one may unilaterally propose to terminate the labor relationship or seek another occupation. Otherwise, according to the breach of contract, the total training cost should be compensated for the part of the service that has not yet been fulfilled.

In July of the same year, Zhang went abroad for training for a month, and VAMA paid a total of 84934 yuan for his training.

After the training, Zhang went back to work.

In August 17, 2015, Zhang submitted a request for leave on the grounds of seeing a doctor. The leave period was 10 days, and the company granted leave.

After the end of the holiday, Zhang did not return to the company to work, nor did he take any leave formalities.

The company has repeatedly urged them to go back to work or to extend their holiday procedures by telephone, SMS or e-mail.

In September 29, 2015, the company made a cancellation on the grounds that Zhang absenteeism violated the company system for several days.

The notice was sent to Zhang and at the same time he put forward a claim to the labor and personnel dispute arbitration committee, asking Zhang to undertake the penalty for the cancellation of the service period in advance.

The Arbitration Commission considers that the employing units shall ensure the workers' enjoyment by rules and regulations.

To fulfill their labor obligations, workers must abide by the rules and regulations formulated by the employing units in accordance with the law and abide by the integrity.

After receiving the special training provided by the employer, and the time limit stipulated for the service, the laborer shall be responsible for the contract.

After signing a 5 year service period, he only left for more than a year, leaving the post without permission and leaving the office without notice, so that the labor contract could be terminate before the appointed service expires.

The Arbitration Commission ruled that Zhang assumed the responsibility of 6 yuan for breach of contract.

Related links:

Reporters learned from the Baotou intermediate people's court that in recent years, the number of labor dispute cases heard by two courts in Baotou has been increasing rapidly.

It is understood that the number of new cases of labor dispute cases in Baotou's two courts has averaged more than 300 pieces per year, increasing from 518 in 2014 to 1187 in 2015 and 1581 in 2016 as of October, according to 2010~2013.

In 2010~2014, the number of new labour dispute cases in the second instance of the two tier courts was about 100 per year, reaching 329 in 2015 and 437 in 2016.

In addition to more common requests for compensation, labor compensation and work-related injury compensation, these cases require payment of compensation for illegal labor contracts and compensation for social insurance losses.

The analysis of the intermediate people's Court of Baotou found that the sharp increase of labor dispute cases reflected that the employment of employers was not standardized and the awareness of workers' rights protection was generally enhanced.

The main reasons for the blowout growth of labor dispute cases are as follows: first, influenced by the pformation of economic structure and system, the reform of state-owned, collective, and enterprise units has been increasing continuously, but failed to properly handle the labor relations that have been changed or released. Two, some enterprises are not able to resist risks. Once there is a business dilemma, enterprises are in arrears of wages and the phenomenon of enterprise owners escaping from enterprises is frequent. Three, affected by the macroeconomic situation, the capital chain of enterprises is broken, resulting in a sharp rise in the number of labor disputes.

At the same time, the litigation subjects of labor dispute cases are diversified. For example, the driving instructor advocates the confirmation of labor relations, and the staff recruited by the chef advocate labor remuneration. The neighborhood committee has become the "employer" in the eyes of the laborers.

Disputes such as disputes over competition, dismissal of compensation disputes, dismissal of public institutions and resignation disputes have become a new hot spot in labor trials.

The legal profession believes that the labor dispute case is charged by piece, with 10 yuan per piece.

A half fee will be charged for conciliation or summary proceedings, 5 yuan per piece.

The cases of refusing to accept or rejecting the prosecution do not collect litigation fees, and the low cost of litigation is also an important reason for the sharp rise in labor disputes.

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