Unit of choose and employ persons is repulsive employee when oversight this, the compensate that be

To the employee of the sort of without reason absent from work, the enterprise is met normally according to " labor contract law " thirtieth sets 9 times, violate regulations system badly with laborer for, remove with its labor concerns, but if the enterprise is done not have to employee fair if showing regulations system, may be the company formed break the law remove the risk of labor contract? so say, because I heard an absorbing case recently,be, will say with everybody today.

" labor contract law " in have so a regulation, unit of choose and employ persons is being made, revise or decide to concern work reward, working hours, breathing space to wait when involving the regulations system related to employee self interest, should discuss through all worker, after offerring opinion and program, with labour union or employee delegate talks things over, ability is affirmatory. Generally speaking, the enterprise can be passed complete member groom or be regulations system in the contract inform faculty with the form of accessory, and withhold the data such as relevant signature and kinescope, however the company of Mr Lin did not withhold relevant testimony.

2011, mr Lin enters duty Shenzhen limited company of some famous science and technology, hold the position of financial post. This company and the written labor contract that Mr Lin signs by a definite date 3 years, after labor contract expires, unit of choose and employ persons chooses to continue to sign labor contract with Mr Lin add, deadline of last labor contract is two people to came 2015 2018.

By March 2018 when, unit of choose and employ persons sent an internal postal matter suddenly to give Mr Lin, because Mr Lin has 3 days to ask for leave to lead a license without the branch during March,make clear, reason treats stay away from work without leave or good reason, unit of choose and employ persons thinks the behavior of Mr Lin violated company rules system already badly, basis " labor contract law " thirtieth sets 9 times, remove with Mr Lin labor contract, dismiss its.

To the company repulsive, mr Lin chooses to accept, but he thinks the company dismisses his behavior has been belonged to break the law fire, requirement company pays him to break the law remove the compensation of labor contract. Unit of choose and employ persons took out the obtain employment regulation of the company, make clear to matters concerned asks for leave to having apparent flow according to employee on obtain employment regulation, and Mr Lin asks for leave without the regulation of according to company. Take out to the company " employee manual " , mr Lin states he had never seen, talk things over for many times with the company again without fruit hind, mr Lin chooses to appeal.

Say the court decision passes absolutely directly! Apparent, mr Lin never has seen unit of choose and employ persons is shown at all " employee manual " , and method also is done not have to take out testimony inside unit of choose and employ persons, basis " about hearing labor dispute case applicable law the explanation of a certain number of problems " concerned regulation, if unit of choose and employ persons makes the discharge, repulsive, word that removes to labor joins coequal decision and produce labor dispute to laborer, unit of choose and employ persons should want to assume quote responsibility.

Final court of first instance bore Mr Lin appeal to beg, mr Lin pays 10 days of adjudicative firm introversion since the day at adjudicating become effective break the law remove the compensation of labor contract ten, and show leave his post the proof still has next conduction archives and social security relation change procedures.

The individual thinks, what below this kind of circumstance unit of choose and employ persons should send is not " remove labor contract advice note " , however " the advice note that return hillock " . Main content is requirement laborer returns hillock to go to work inside formulary time inside the advice note that return hillock, and the regulation is referred related according to company ask for leave proof, exceed the time limit presses processing of absent from work.

So the end that become is to give laborer the chance of an explanation that return hillock, if laborer still does not give any responses after receiving the notice that return hillock, so the company is in give out " remove labor contract advice note " , also do not have any inappropriate place.