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    Does The Employee Receive Any Notice From The Post To Calculate The Automatic Turnover?

    2017/4/5 22:36:00 17

    Arrival NoticeAutomatic TurnoverWorkplace Rights Protection

    Li was originally a project manager of a construction company. He was dissatisfied with the company because he was dissatisfied with the company's position and salary reduction.

    Finally, the two sides applied for arbitration because of labor disputes and brought the lawsuit to the court.

    In March 17th, the court of Tongzhou District supported Lee's appeal.

    This is what happened. In December 11, 2013, Li's labor contract agreed that he was a project manager.

    In November 28, 2014, the company informed Li that because of its incompetence as a project manager, he was pferred to warehousing and logistics department as warehouse tally clerk since December 1, 2014.

    The company paid Lee's salary until March 31, 2015.

    In March 25th of the same year, the company sent a notice to Li to post work again, asking him to return to work at the latest in March 27, 2015.

    In June 30, 2015 and July 2015 5, Li sent a notice of dissolving the labor contract to the company's legal representative and personnel department.

    default

    To deduct wages, and to pay social insurance in full, the labor contract should be rescission.

    In July 9, 2015, Lee's mail was returned.

    In July 14th of the same year, Li applied to the Arbitration Commission for arbitration and demanded that the two sides should have labor relations between September 1, 2002 and July 9, 2015, and the company would pay the wage gap and economic compensation.

    The Arbitration Commission ruled that the two sides had labor relations during the above period.

    A company disagrees with the ruling and appeals to the court.

    Tongzhou District court heard that the two sides

    Labor relations

    It is appropriate to cancel the date of the mail in July 9, 2015.

    If the worker proposes to terminate the labor contract on the ground that the employer fails to pay the labor remuneration in full and in time, the employer shall pay the economic compensation to the laborer.

    After the judgment of first instance, the parties concerned did not appeal, and the judgment has been legally effective and executed.

    The judge explained to the reporter that the company did not fulfill the obligation of notification and reminder without receiving any notice in time.

    At the same time, the company's employee handbook is about automation.

    Quit

    The provisions of the lack of corresponding legal basis, so the company on Li's automatic departure, the two sides' labor relations in April 1, 2015 to lift the claim, the court is hard to believe.

    In addition, Li's address to the company's personnel department mailing the notice of termination of the labor contract is basically the same as the actual operation place of the company. Therefore, the labor relations between the two sides should be lifted in July 9, 2015 on the date of the return of the mail.

    Related links:

    Zhang resigned after working for 12 days. Can he ask for a double pay for the labor contract?

    In June 18, 2013, Zhang applied for a job in a chemical company in Shandong. The two sides agreed on a monthly salary of 3680 yuan, but the company did not sign a labor contract with Zhang.

    Zhang was away from the company on the same day on the same day because he was not satisfied with the working environment.

    In July 6, 2013, Zhang complained to the Ji'nan labor and personnel dispute arbitration committee, demanding that the chemical company pay half a month's salary of 1840 yuan, 1840 yuan for the labor contract not signed, 1840 yuan for the economic compensation and 1840 yuan for the compensation for the economic compensation which was not paid in time.

    After the ruling of the Arbitration Commission, Zhang refused to accept the lawsuit against the Licheng District Court.

    The court held that the certificate submitted by Zhang proved that he had worked in chemical company from June 18, 2013 to June 30th.

    According to the ninth provision of the Interim Provisions on wage payment, the employer should pay the wages of workers once the labor contract is terminated or terminated according to law.

    Zhang asked the chemical company to pay half a month's salary of 1840 yuan, which should be supported.

    Article tenth of the labor contract law stipulates that a written labor contract should be concluded when establishing labor relations.

    Where a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within 1 months from the date of the employment.

    Visible, after the establishment of labor relations, the two sides signed a labor contract has a grace period of 1 months, Zhang only worked for 12 days, the unit did not sign a labor contract with him, do not assume legal responsibility, so Zhang asked not to sign the labor contract double pay no legal basis, no support.

    Zhang resigned for his own reasons, and the company did not pay financial compensation.

    Accordingly, the court decided that the company paid 1840 yuan for Zhang's salary and dismissed Zhang's other claims.

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


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