What are the labor disputes in dismissal, resignation and layoff? How to appeal?
Brother Shi 2021-02-23 03:04:13
After the termination of labor relations, there is a high incidence of disputes , In particular, the employer unilaterally rescinds the contract , Labor disputes are very likely to arise .

“ settle accounts with sb. afterwards ” It is a typical feature of labor dispute , Many bosses think that “ I'm kind to my employees , It's impossible for my employees to sue me ”.

But when the labor relationship is lifted , There is no longer a subordinate relationship between the two sides , Employees are no longer paid by the company , After the dispute, I found out that the employees had deep grievances .

In practice , There are several situations in which labor relations are terminated : The company dismissed 、 Employee Resignations 、 The contract will not be renewed upon expiration 、 layoffs 、 Voluntary employee turnover , What disputes will arise in these situations , What is the claim compensation standard of dispute arbitration ?

 Dismiss 、 Resignation 、 What labor disputes do layoffs usually have ? How to appeal ?

Dismiss : The employer unilaterally rescinds the labor contract

The unilateral dismissal of employees can be divided into negligent dismissal and no negligent dismissal .

Negligent dismissal refers to 《 Labor contract law 》 Article 39 : The probation period does not meet the employment requirements 、 Serious violations of rules and regulations 、 Serious dereliction of duty 、 Malpractice for personal gain, etc .

here , There is a labor dispute between the two sides , The laborer applied to the labor arbitration committee to resume the labor relationship and continue to perform the labor contract , Or ask the unit to pay compensation for illegal termination , At the same time, social security will be put forward 、 Overtime pay 、 Annual leave, etc , Those who may have problems will ask , This is beyond the scope of this article .

If the unit wins , There is no need to pay compensation , On the contrary, the unit should pay compensation .

Restore labor relations : Employees want to restore labor relations , It's not just to continue to perform the labor contract , In practice, employees also ask for arbitration 、 The loss of wages during the court hearing . Because the unit breaks the law , It makes employees unable to go to work , The loss of wages during this period , The court will support .

There have been typical cases , Employee's monthly salary 8 ten thousand , arbitration 、 First instance 、 The second trial lasted two years , Company compensation 24 A month's salary loss , More than one million .

Compensation for illegal discharge = Economic compensation ×2

according to 《 Labor contract law 》 Article 47 、 Article 87 provides that , The unit rescinds the labor contract illegally , Double economic compensation should be paid .

Economic compensation According to the number of years the laborer has worked in the unit , The standard of paying one month's salary every year to the laborer . More than six months and less than one year , By the year ; Less than six months , An economic compensation of half a month's salary to the laborer .

Non negligent dismissal refers to 《 Labor contract law 》 In the case of Article 40 , The employee has no fault, but the contract can no longer be performed , After the termination of the labor contract, the unit shall pay economic compensation .

 Dismiss 、 Resignation 、 What labor disputes do layoffs usually have ? How to appeal ?

Resignation : The laborer unilaterally cancels the labor contract

Generally speaking , The laborer resigns himself , The employer does not need to pay compensation , But if employees belong to “ Was forced to leave ”, You can ask the unit to pay economic compensation .

《 Labor contract law 》 Article 38 The laborer unilaterally cancels the labor contract

1、 Failing to provide labor protection or working conditions ;

2、 Failing to pay labor remuneration in full and on time ;

3、 Failing to pay social insurance premium according to law ;

4、 Rules and regulations violate the law 、 The regulations , Damage to the rights and interests of workers ;

5、 The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this law ;

6、 Employing units use violence 、 Forcing laborers to work by means of threatening or illegally restricting personal freedom , Or the employer's illegal command 、 Forcing risk-taking operations to endanger the personal safety of workers .

 Dismiss 、 Resignation 、 What labor disputes do layoffs usually have ? How to appeal ?

Self separation : Employees leave without going through the resignation procedures

It's very common for employees to leave voluntarily in practice , There are usually three controversies :

1、 Voluntary employee turnover , The unit withholds the salary of the current month ;

2、 Employees don't hand over work , Cause losses to the unit ;

3、 Employees violate confidentiality agreements 、 Competition restrictions , Causing losses to the unit .

layoffs : The unit has difficulties in business operation or has reduced its staff due to business adjustment

Enterprise bankruptcy reorganization 、 The business is difficult 、 Downsizing under the circumstances of business adjustment, etc , The situation should be explained to the trade union or all staff and workers in advance , And report to the labor administrative department .

Enterprises should pay economic compensation to workers for layoffs , And there's no fixed-term contract 、 Long term fixed term contracts 、 Employees whose families have no other employees should be given priority .

There will be these controversies about unit economic layoffs :

1、 The company failed to pass the layoff procedure , It's illegal ;

2、 Layoffs do not pay economic compensation as required ;

3、 Those who should be given priority to remain are given priority to be dismissed ;

4、 Dismissing the laborer who cannot terminate the labor contract .

 Dismiss 、 Resignation 、 What labor disputes do layoffs usually have ? How to appeal ?

The type of dispute about not renewing the labor contract upon expiration :

1、 The employer does not renew the contract and does not pay economic compensation ;

2、 The unit reduces the standard of wages and benefits , Employees decide not to renew , The unit does not pay economic compensation ;

3、 Employees meet the standard of open-ended contract , The unit contract shall be terminated upon expiration , Employees claim compensation or continue to perform .

《 Temporary regulations on wage payment 》 Article 9. When both parties of labor relationship terminate or terminate the labor contract according to law , The employer should pay off the laborer's wages in a lump sum when the labor contract is terminated .
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