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The Boss Said That He Had Stopped Working And Said He Had No Way To Protect His Rights.

2015/11/1 21:47:00 30

BossEmployeeRights Protection

According to the labor dispute mediation and arbitration law, the time limit for applying for arbitration of labor disputes is one year, so the labor dispute that advocates "annual leave" should be raised within one year from the date of termination of labor relations. Once the time limit is exceeded, the right is difficult to claim.

Workers are conscientious and conscientious in their work. They never break their annual leave, but suddenly they are relieved of their labor relations.

In October 21st, the Chengdu Xindu District Arbitration Commission made a decision, requiring employers to pay 27875.1 yuan and 13592.22 yuan, respectively, between Cao and Pang from May to July.

Economic compensation

It is 67256 yuan and 30395.75 yuan, and the annual leave rate is 4417 yuan and 2178 yuan.

In January 1, 2010, he went to an industrial investment company in Chengdu as the manager of the project department. The two sides signed a written labor contract. The company bought social insurance and provident fund for it.

In December 31, 2012, after the expiration of the labor contract, the company did not renew its labor contract, but continued to purchase social insurance and provident fund for its monthly salary of 9608 yuan.

In May 1, 2010, Pang went to the company to work as a driver. The two sides signed a written labor contract, and the company purchased social insurance and provident fund for it.

In April 30, 2013, after the expiration of the labor contract, the company did not renew its labor contract, but continued to purchase social insurance and provident fund for its monthly salary of 4737 yuan.

In July 8th of this year, the company issued the release from Cao and Pang.

Labor relations

Notice, and from May to July, wages have not been released, social insurance and provident fund have not been paid in time. In view of the above circumstances, they have submitted the letter of dissolution of labor relations in August 11th this year after consulting with the company about the termination of labor relations.

"After 5 years' work, he was dismissed, and he could not walk away." Cao applied for arbitration to the labor dispute arbitration committee of Xindu District of Chengdu. He asked the employer to pay the wages owed, the economic compensation for the termination of the labor contract and the annual leave pay.

In September this year, the case was heard publicly. The company said it had arranged an annual leave for each year, but it did not provide evidence. The arbitration tribunal decided that the company would pay wages, economic compensation and annual leave salaries for Cao and Pang.

Wang Enhui, a lawyer for legal aid, said

Employee pay

Annual leave regulations third: "workers accumulated 1 years of work for less than 10 years, annual leave 5 days" and fifth: "on the number of days off workers should rest, the unit shall pay the annual leave salary in accordance with the 300% of the wage income of the workers".


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