Labor Dispute Arising From A Blank Resignation Form

A few days ago, Wang Gang, a staff member of an engineering consulting and supervision company in Hubei, finally came to the court of first instance judgment of the Wuhan economic and Technological Development Zone. The court supported the labor relationship between him and the enterprise, which was still valid. At the same time, he sentenced Enterprises to pay more than 20 yuan for medical expenses and sick wages caused by disputes.

The lawyer reminded laborers that when signing various documents with enterprises, they must be clear about the contents of the documents and their impact on them, and the blank format documents should be refused.

Wang Gang, 38, is a Tujia man. After he left the countryside, he worked for more than 10 years at several provincial key construction projects in Hubei.

In October 2005, he entered an engineering consulting management company in Hubei and began a more stable career.

In August 15, 2013, he signed a labor contract with the enterprise, and agreed that the contract period should be completed until the completion of baoki (Baokang to Yichang) project.

In from January 3 to 10, 2015, Wang Gang was hospitalized in Yichang city's fufu hospital due to chronic kidney disease. He asked for sick leave from the company.

On the 15 day of the month, he was hospitalized again in Yichang First People's Hospital because of illness.

Although the disease is entangled, Wang Gang has no worries. He feels that he is a person with a unit and can rely on the support of the unit to tide over the difficulties.

Finally, in February 1, 2015, two directors of the company said they wanted to visit the hospital.

While he was delighted to welcome his work companion, he waited for an employee turnover list.

Wang Gang said he was forced to sign on the blank form leaving the table, which was not clear about the specific contents of the table.

Subsequently, according to the resignation form, the company decided to voluntarily dispose of the company with personal reasons.

It only extends its wages to the end of February.

Since then, Wang Gang has been hospitalized for many times because of chronic kidney disease and uremia. Until July 2015, he found that the medical insurance card was unable to be used normally because of the stop of the enterprise, and then negotiated with the enterprise. The company paid the social security cost for him from March 2015 to February 2016.

Since then, enterprises have stopped working on the grounds that they have no labor relations.

In March and April 2016, Wang Gang underwent a kidney pplant operation, which cost about 400000 yuan.

However, at this time, the enterprise has already handled the social security suspension procedures for Wang Gang, and his medical expenses need to be fully taken care of himself.

Faced with high medical costs, Wang Gang continued to negotiate with the enterprises.

In April 1st of that year, Wang Gang sent a notice of resignation to the enterprise and extended his application for medical treatment. However, until the time of Wang Gang's discharge, the two sides failed to reach an agreement.

In May 11, 2016, Wang Gang applied for arbitration to the labor and personnel dispute arbitration committee of Hannan District of Wuhan, requesting the ordered enterprises to pay more than 40 yuan for hospitalization expenses, and to reissue wages, financial compensation and so on.

However, according to the severance list, the enterprise decided to terminate labor relations with Wang Gang and should not undertake corresponding economic compensation. The Arbitration Commission dismissed Wang Gang's request after hearing, and Wang Gang sued the enterprise to the Wuhan economic and Technological Development Zone court.

Wang Gang's experience was aided by the "mother's family".

Hubei Federation of trade unions

Tan Lidu, a public welfare lawyer of the service group, was informed of the legal aid provided to Wang Gang free of charge.

Tan Lidu lawyers believe that although Wang Gang signed the resignation form, but the lifting of the labor contract, the employer must provide the employee with proof of the termination of the labor contract in accordance with the provisions of the labor contract law, and pfer the files and social insurance procedures for the workers within fifteen days, but Wang Gang's company failed to fulfill the act, and the company paid the social insurance for Wang Gang, which should be recognized as a continuation of its labor relationship with its own behavior.

In court, the agent from the enterprise argued that Wang Gang took the initiative to make a resignation in February 1, 2015 and filled out the employee turnover form, which relieved the labor relationship legally.

In July 2015, Wang Gang put forward a request to the enterprise to continue to pay social security and ease economic difficulties for the enterprise. The enterprise paid social security for humanitarian consideration, until February 2016, it can not explain the resumption of labor relations between the two sides.

The court held that both employers and workers could remove labor relations in accordance with the law.

When Wang Gang was hospitalized due to illness, the company signed the employee's resignation form with Wang Gang's signature. It only indicated that Wang Gang had agreed to leave the labor relationship with the enterprise on the grounds of personal reasons. However, there was no handover between the two sides on the termination of the labor relationship between the two parties. The company did not inform Wang Gang of the final result in written form, nor did it issue a certificate of dissolving labor relations to Wang Gang in accordance with the law, and pferred the social insurance relationship for Wang Gang within fifteen days. In July 2015, when Wang Gang and the enterprise negotiated on social security issues, the company continued to pay social security and supplement the social security for its social security problems, and its behavior recognized that the two sides still had labor relations.

Finally, the court gave some support to Wang Gang's appeal for medical expenses, medical treatment wages and so on.

Accordingly, the court of first instance of the Wuhan economic and Technological Development Zone decides both sides.

So far, enterprises need to compensate for Wang Gang's medical expenses and the difference between medical leave and sick leave, which amounts to over 20 yuan.

Tan Lidu pointed out that the principle of good faith is a basic principle of civil law and contract law. It means that when signing and fulfilling a contract, the parties in a contract should abide by honesty and good faith and abide by their credit. They should not abuse their rights and evade the obligations stipulated by law or contract.

For labor contracts, the requirements are more stringent, the purpose is to protect workers in the labor contract as a vulnerable group, requiring employers to strictly fulfill the "truthful disclosure obligation" in signing labor contracts with laborers.

Tan Lidu believed that enterprises should be more self disciplined in their business activities. Laborers contributed to the realization of their own labor rights and interests as well as the development of the employing units. Employers should give appropriate care to the sick workers in accordance with the state regulations, so as to ensure the harmony and stability of labor relations.

Tan Lidu also said that in response to this case, laborers should strengthen their awareness of self-protection in accordance with the law. When facing unreasonable demands of enterprises, they should actively consult relevant legal persons and safeguard their rights and interests according to law.

When signing various documents with enterprises, it is necessary to clearly and clearly understand the documents, the contents of the agreement and the impact on themselves. For blank format documents, we should firmly refuse to sign the contract, and pay attention to collecting relevant evidence retained so as to protect legitimate rights and interests in the later stage.

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