Personnel And Labor: Who Is Responsible For The Loss Of The Unit In Time?

Liu entered a company as a sales manager in January 2013 and signed a labor contract for a period of three years.

In October 2014, Liu submitted a written resignation to the company.

The company has proposed to Liu that she can continue to work two months after leaving, because she has a large number of company sales data in hand, it takes two months to hand over.

But Liu insisted on resigning and resigned 30 days after he resigned in writing.

The company thought that Liu had not completely completed the handover formalities and then left the company irresponsible, and caused damage to the company. Therefore, the company did not handle the procedures for disqualification after Liu left.

During this period, Liu Mouceng repeatedly asked the company to handle the procedures for returning the work and return the labor manual.

After many times urging by Liu, the company handled the procedures of returning work for Liu in June 2015 and sent the labor manual to Liu.

Liu thought that the company had not infringed on its employment rights for its handling procedures, and then applied for arbitration to the labor and personnel dispute arbitration committee. The company was required to compensate the loss due to the loss from November 2014 to June 2015 in accordance with the 4000 yuan / month wage standard stipulated in the contract.

Did the company fail to process the procedures for returning workers in time? Is there any liability for compensation?

Liu said: in October 2014, it resigned to the company in writing, and resigned 30 days later, has fulfilled the obligation of early notification stipulated by law.

The company shall handle the procedures for disqualification in time after its departure.

Due to company reasons, it has not been processed for 8 months, seriously affecting its employment rights. The company should make compensation.

The company thought that although Liu had fulfilled the notification obligation of 30 days ahead of schedule, he did not complete the work pfer procedure at the time of his departure, which caused damage to the company.

The company has repeatedly asked him to come back to help with the handover procedures, and promised to handle the procedures for disqualification after completion of the paction.

Therefore, there is no fault in the company.

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After hearing the trial, the Arbitration Commission held that

Failing to deal with the employees' withdrawal procedures in time, according to the law, has a serious impact on employees' subsequent employment and should be liable for compensation.

But there is no legal basis for employees to claim compensation according to the wage standard stipulated in their labor contracts.

Therefore, the ruling company compensated Liu for the period from November 2014 to June 2015 according to the unemployment insurance standard.

This case is a case that the employer failed to deal with the employee in a timely manner.

According to the employment service and

The first paragraph of the regulation stipulates: "if a worker is recruited by the employing unit, the employer shall register the employment for the laborer.

Employing units to recruit workers and workers to terminate or terminate their labor relations shall go to the local public employment service institutions for the record and for the workers to register for employment.

After employing units, the employing units shall register within 30 days from the date of employment. If the employer or the Employee terminates or terminates the labor relationship, he shall go through the registration formalities within 15 days.

Therefore, the employer has the obligation to dispose of the registration procedures within 15 days after the workers have terminated their labor relations.

In addition to handling registration procedures for workers, the fiftieth article of the labor contract law also stipulates: "the employer should issue a proof of termination or termination of the labor contract when it terminates or terminates the labor contract, and pfers the files and social insurance relations to the laborers within fifteen days."

All these are referred to as "post contract obligations" of labor contracts, and should also attract the attention of employers.

If the employer fails to fulfill such "post contract obligations" in time, it will also assume corresponding legal liabilities.

The eighty-ninth provision of the labor contract law stipulates that "the employer fails to provide written proof of termination or termination of labor contract to the laborers in violation of the provisions of the labor contract law, which shall be ordered by the labor administrative department to correct and cause damage to the worker, and shall be liable for compensation."

Here, we should remind employers that after they have terminated or terminated their labor relations with workers, they should promptly handle the registration procedures for their reemployment and pfer of archives and social security relations.

It can not be considered that there is no causal relationship between workers who fail to complete the job pfer and do not procrastinate.

If the employer considers that the employee has lost his job to the employer, he may claim compensation from the employee separately.