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Termination Of Labor Relations Without Prior Notice To Employees For Compensation

2014/5/16 23:36:00 65

[case introduction] 
 Sun Qiang complained that I went to A clothing company in September 2000 and did not sign a labor contract. In February 29, 2008, the company suddenly terminates its labor relationship with itself, and fails to pay the economic compensation and the treatment according to the regulations. The above behavior of A clothing company has violated the relevant provisions of < a href= "//www.sjfzxm.com/news/index_c.asp" > labor contract law < /a >, and sued it to the municipal labor dispute arbitration committee, requesting A clothing company to pay 51000 yuan in economic compensation, to pay 12000 yuan in January 2008 and February, and to pay 6000 yuan in advance of 30 days' notice. 
 A < a href= "//www.sjfzxm.com/news/index_c.asp > > clothing company < /a > argued that Sun Qiang had filed a" a href= "//www.sjfzxm.com/news/index_c.asp" leaving "/a instead of" a "href= due to poor performance, and formally disqualified from the company in February 29, 2008 and refused to apply for the request. 
 the case was found in court. Sun Qiang was employed in A clothing company in September 2000 as a department manager. His monthly salary was 6000 yuan, and the two sides did not sign a labor contract. In February 29, 2008, the company announced on the Internet that Sun Qiang had left the office, and that he did not recognize him. He also did not recognize the recording evidence provided by the company. During his stay in the company, Sun Qiang did not rest for 15 days in 2007. The company still owed sun Qiang 3 bonus of 7500 yuan in 2008. The company thought that Sun Qiang resigned and refused to pay the economic compensation. He only agreed to pay wages, bonuses and annual leave wages in February, and paid 19060.30 yuan in March and 2008. 
"P" [cut] one-time payment sun Qiang dismissal labor contract economic compensation 51000 yuan, dismissed sun Qiang's other application requests. 
 [case analysis] a labor contract should be concluded between the employer and the laborer in establishing labor relations. A clothing companies do not sign labor contracts with their employees, violating the relevant provisions of the labor laws and regulations. Now there is no sufficient evidence to prove that sun Qiang is leaving the company automatically, so the Arbitration Commission will not accept the evidence provided by the company. According to the forty-seventh provisions of the original labor department's "economic compensation for breach and dissolution of labor contracts" and "labor contract law", the A clothing company should pay 51000 yuan for sun Qiang's rescission of the labor contract economic compensation. In view of the fact that the company has paid sun Qiang not to sign the labor contract double wages 7000 yuan and annual leave wages 2413.8 yuan, the fund 7500 yuan, therefore the arbitration committee does not support for Sun Qiang's other application request.