日志
Staff positions due to the resignation of the company 's failure to contractual
huangmou sheng in 1974, from hubei hongan rural areas. in 1995, he left home to enter the wenzhou, a group company. because of his quick mind, serious, business familiar with the company from top to bottom are more satisfied with him, he's also been awarded several medals. hard work in exchange for the harvest,sale north face, in april 2002,north face sale jackets, the third time, and he signed the labor contract for a period of 1 april 2002 to march 31, 2011, different from the past is that the contract hwang jobs for contract month, the company appointed as the group incurs hwang back in charge. in april 2003 onwards,golf clubs discount, hwang served as manager of the company to promote standard.
2009 年 6 24 jun onwards, the company reduced the amount of wages hwang, from 6,500 yuan monthly salary dropped to 3,500 yuan. after checking to reduce overtime pay for everyday items.
court held that the defendant breach led to the dissolution of both the root causes of labor, the plaintiff to resign did not change the root cause, the defendant can not be reason for non-payment of financial compensation. evidence of the legal proceedings so the plaintiff, the defendant should pay the economic compensation.
however, the company a piece of paper changed everything. july 15, 2008, the company issued a paper decision: benefits. handover period six months after the original post credit continue to enjoy the wages, working alternative arrangements. hwang agreed to adjust to the job.
6 28, wenzhou, zhejiang province, district people's court of first instance verdict, supported hwang's request for financial compensation.
hwang changes to the salary can not be accepted. in august 2009 he returned from hangzhou, wenzhou group headquarters,red wing chukkas, but the company did not give him re-arranged positions, and the required date of payment of wages not paid to huang in august 2009 wages.
job salary adjustment request to resign
defendant argued that plaintiff hwang required to pay economic compensation no basis in fact, because the plaintiff requested the lifting of labor relations, asked the court dismissed the plaintiff's claim.
hard work into the company's director of
with the act as for payment of social insurance. huang on the job, the treatment is quite satisfactory.
2009 年 9 23, hwang termination of the contract apply to the company, the main contents of the application march 31, in charge of a nine-year contract, especially for the discharge of the contract due to the current year under the current accounting year-end awards can not, i hereby apply for the current year from january to september last year, my year-end awards by year-end awards for accounting and accounting for one-time payment amount in place .... company ceo to sign the application form below, on the same day, hwang resigned fill out the approval form, including the reasons for the resignation matters such as wages and bonuses but the negotiation fails, hwang dispute with the company.
in accordance with relevant laws and regulations, the court of first instance ruled that the defendant pay the plaintiff 70,000 yuan huang economic compensation, in august 2009, september salary 5360.75 yuan,red wing oxford, january-september 2009 year-end bonuses 22494.7 yuan,red wing singapore, return of medical fund 10,401.93 yuan, medals fund 3,300 yuan, a total of 111,557.38 yuan.
2009 年 9 24, hwang to wenzhou labor dispute arbitration committee for arbitration, the arbitration committee hearing is not within the statutory period. in the same year on december 1, hwang filed a lawsuit to the courts.
hwang that the defendant can not be compatible with the contract arrangements for the plaintiff to re-post induction, and suspended plaintiff without pay, is breach of contract. the defendant shall pay economic compensation for 12 months 70,000 yuan. in addition, hwang also proposed back social insurance, unpaid salary, settlement when the annual year-end awards, returned to the medical fund, bonus card settlement funds, etc., the total amount of the claim a total of 151,300 yuan.
court held that the plaintiff and defendant entered into labor contracts in july 2008 the defendant dismissed the plaintiff to re-arrange the post of director positions, neither is in charge of jobs, but also the plaintiff in the normal working conditions, income can not be balanced with the original director positions, the plaintiff has indicated that the objective changes in the labor contract has not been labor conditions. the plaintiff submitted his resignation and fill out the application form held by the resignation of approval
hwang director positions with the company signed a long-term contracts, but the company did not arrange the positions under the contract, the contract does not expire in the case hwang then take the initiative to resign. this situation, companies can refuse to pay economic compensation
the verdict, the defendant has filed an appeal.
the reporter newspaper correspondent chen dongsheng li shuguang
resign if compensation yin zhengyi
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