Employer'S Compensation For "Resignation" After Work-Related Injuries

There was no return to work after the industrial injury recuperation. The notice of "labor contract expiration and termination of labor relations" was suddenly received by the unit, which made Mr. Huang very angry.

In January 10th last year, Mr. Huang took the unit to court for "three crimes", "unpaid overtime wages, unpaid annual leave and illegal labor relations".

Recently, after two rounds of trial by the court, Mr. Huang received a salary of annual leave with pay and a total of more than 12000 yuan of economic compensation for the termination of labor relations.

Mr. Huang of Kaixian, Chongqing, went to Guangdong to work in August 16, 2011 and signed a labor contract with a shop in Dongguan Changan to serve as a filter cleaner.

In July 7, 2015, Mr. Huang was injured and injured in hospital. He was hospitalized until August 17, 2015, and the doctor's advice was completely suspended for a month.

Mr. Huang's injuries were identified as work-related injuries by the Dongguan Social Security Bureau.

After continuous treatment from work-related injuries, the shop did not arrange work for Mr. Huang. Mr. Huang had never returned to work and lived in the dormitory of the store.

Until January 4, 2016, the store asked him to move out of the dormitory at the expiration of the contract.

The contract period between Mr. Huang and the store is from January 1, 2015 to December 30, 2015.

In January 10, 2016, after receiving the notice of rescission of the labor contract, Mr. Huang sent the shop to the court with "unpaid overtime wages, no annual leave and illegal labor relations".

Mr. Huang said he worked 8.5 hours a day, (8:00~12:00, 13:00~17:30). The basic salary of the contract was 2500 yuan per month. He worked overtime every day but he didn't get overtime pay. Therefore, the monthly salary should be: basic salary + overtime pay =3756.48 yuan.

In response, the defendant's shop owner said that Mr. Huang's overtime pay had no factual basis, and the month needed to work overtime was paid to Mr. Huang.

However, both sides failed to provide attendance records, and there was no evidence to support both sides.

The court's decision: the Dongguan intermediate people's court decided that Mr. Huang argued that the store needed to pay for its overtime pay.

Lawyer comments: both sides of the case have never been able to provide attendance records. Mr. Huang signed a labor contract with the store, which clearly stipulate that the monthly salary is 2500 yuan, not the basic wage, and does not stipulate the working time. Therefore, as long as Mr. Huang's hourly wage is not lower than the minimum wage standard of Dongguan in the fixed time per month, it is considered that the shop has paid in full the labor remuneration of Mr. Huang, and does not need to pay overtime work remuneration separately.

Mr Wong said that in 2014 and 2015, he could enjoy 5 days of paid annual leave, but no annual leave.

Shops say fewer stores, and during the Spring Festival, they leave on the 27th day of the lunar calendar to the seven or eighth month of the beginning of the month, but they still pay wages in full at the monthly salary of 2500 yuan. The store provides the "holiday notice" and the payroll Certificate in 2016.

Court decision: the court held that Mr. Huang filed a complaint in 2016, which could ask for the annual leave pay in 2015, and did not examine the limitation of arbitration for the annual leave of 1 years in 2014.

The defendant's shop failed to provide evidence that it had arranged for Mr. Huang to take the annual leave of 2015. Therefore, according to the regulations on paid annual leave for employees, the shop should also pay the annual salary of the employee with a salary equivalent to two times the normal working hours. The salary of Mr. Huang in 2015 is 9.52 yuan / hour, so the annual salary of her annual leave in 2015 is 9.52 yuan / hour, 8 hours, 5 days * 200%=761.6 yuan.

Lawyer comment: annual leave and New Year holiday are two different legal concepts which can not be offset.

As for the case, the shop claims the annual leave time of 2015, from 27 to seven in 2016, is already the time of 2016 in the Gregorian calendar. Therefore, the shop did not arrange in time for Mr. Huang to take 2015 annual leave. He should pay Mr. Huang the annual leave of absence in 2015.

Mr. Huang said he was expelled from the store in January 2016 on the grounds that the contract expired and he did not renew the contract. He and the two sides terminate their labor relations in January 10, 2016. He believed that the shop had to pay compensation for breaking the labor relationship.

In response, the defendant store said that after the expiration of Mr. Huang's medical treatment, the shop had informed him to renew the labor contract, otherwise the two sides would terminate their labor relations. Mr. Huang did not come to renew the contract, so he did not have to pay compensation.

The store presented evidence of the renewal contract notice and announcement issued by Mr. Huang, but Mr. Huang said he did not receive it and did not confirm it.

At the same time, he said he was unable to renew the shop owner during the renewal of the contract.

Court decision: after hearing the court, the court held that the shop terminated the labor relationship with the expiration of the labor contract, so Huang argued that the reason for the illegal labor relationship was illegal.

The labor relationship between the two parties ended on the expiration of the labor contract, and the store did not produce effective evidence to prove that Mr. Huang did not agree to renew it. According to the labor contract law, the shop had to pay the economic compensation for Huang's disengagement of labor relations.

Mr. Huang's monthly average wage is 2500 yuan, and his working life is 4.5 years. The amount of compensation that the store needs to pay is 11250 yuan.

Lawyer's comment: if the employer refuses to renew the labor contract with the employee after the labor contract expires, he shall pay the laborer the economic compensation for relieving the labor relationship.

As far as the case is concerned, the shop did not give evidence to prove its lawful notification to Mr. Huang, and Mr. Huang refused to renew the labor contract, so the store should pay Mr. Huang the economic compensation in his unit's working life according to law.

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