How To Judge A Contract Without Labor?

In May 1, 2013, Ding went to a certain trading company as a customs declarer.

The two sides signed a labor contract for 3 years.

In January 2015, Ding left the company privately and asked the trading company to reissue wages from September 2013 to March 2014.

Applying for arbitration requires a trading company to pay labor remuneration and economic compensation for that period.

In the court hearing, there were differences between Ding and the company in the period from September 2013 to March 2014. The two sides insisted on each other, and there was no evidence to prove their claims.

According to the trial of the Arbitration Commission, from the evidence provided by both parties, the trading company paid remuneration to Ding from May 2013 to August and March 2014 to September.

Ding Mou from September 2013 to February 2014

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Although Ding Mou has said that during the dispute, he has provided labor to the trading company, he did not make any statement or submit relevant evidence for the fact that he had provided labor facts to the trading company during the dispute.

The dispute is covered by the time limit signed between the two parties, and should be regarded as a state of suspension of the labor relations between the two parties.

During the period of suspension of performance, trading companies and Ding do not have rights and obligations in labor law.

Therefore, we should not support the Ding's request for repaying labor remuneration, while the time for calculating economic compensation should be deducted.

Finally, the Arbitration Commission decided that the trade company should pay an economic compensation of 2000 yuan.

Mutual understanding:

According to China's labor contract law, the situation that employers and workers can agree on liquidated damages is only limited to two situations: special training and competition restriction.

First, employing units to provide special training expenses for workers, and if they engage in professional and technical training, they may conclude an agreement with the worker and agree on the term of service.

If a worker violates the stipulations of the service period, he shall pay liquidated damages to the employer in accordance with the contract.

The amount of penalty shall not exceed the training fee provided by the employer.

The liquidated damages paid to the laborers by the employer shall not exceed the training expenses that should be apportioned in the part of the service period that has not yet been fulfilled.

Secondly, the employer can stipulate the competition restriction clause in the labor contract or confidentiality agreement with the laborers who have the obligation of confidentiality, and stipulate that the laborer will give the laborers economic compensation within the time limit of the competition according to the termination or termination of the labor contract.

If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employer in accordance with the contract.

Therefore, in addition to the above statutory circumstances, the employer shall not stipulate liquidated damages with the employee.