Employees who were denied marriage leave and went home on their own were fired
On December 21, according to the Shanghai No. 1 Intermediate People's Court. Xiao Zhong is a designer in the marketing department of a psychological consulting company, and wants to take advantage of the National Day holiday to take the marriage leave and return to his hometown for a wedding. As early as August, Xiao Zhong first verbally explained the leave to the leader, but was not approved. The wedding date is approaching, and Xiao Zhong once again submitted a written leave application to the company. The company replied that the company belongs to a special industry, and it is the peak business season during the National Day, so it is recommended that Xiao Zhong ask for leave at another time.
Xiao Zhong said that he had adjusted the wedding date once in the early stage for the company's point of view. The communication failed, Xiao Zhong returned to his hometown to hold the wedding as scheduled, and then the company terminated the labor contract with Xiao Zhong on the grounds of absenteeism for 5 days, and Xiao Zhong sued the court. The court held that the company's request for leave and subsequent disposition of Xiao Zhong were obviously excessive punishments and constituted illegal termination. In the end, the court ordered the company to pay Xiao Zhong 4 compensation for illegally terminating the labor contract60,000 yuan.
What is the difference between resignation and voluntary resignation.
Resignation is not the same as voluntary resignation, and resignation is the act of the employee proposing to the employer to terminate the labor contract or labor relationshipSelf-departure is an act of forcibly terminating the labor relationship with the enterprise by leaving the employee without authorization according to the situation of the enterprise and himself. The difference between resignation and self-departure is:
1. The nature is different.
Resignation is an act of termination of the labor contract or labor relationship by the employee to the employerSelf-departure is an act of forcibly terminating the labor relationship with the enterprise by leaving the employee without authorization according to the situation of the enterprise and himself.
2. The treatment is different.
Resignation is the termination of the employment contract negotiated by both parties. Because the contract period has not expired, the employer generally submits an application for termination of the contract, and after the employer agrees, it is deemed to have negotiated the termination of the labor contract, and the employer shall pay the labor remuneration and other rights and interests due to the employer.
Self-resignation means that the employer unilaterally terminates the labor contract without consulting with the employer, which not only does not receive the labor remuneration it deserves, but also may be sued by the employer for breach of contract losses.
3. The main body is different.
The subject of termination of the labor contract may be the employer or the employee. However, the main body of application for resignation and voluntary resignation is only the worker.
What does it mean to compensate employees for dismissal by a company n+1.
The company's compensation for dismissal of employees n+1 means that the company shall pay severance and wages in lieu of notice if the company dismisses the employee without fault without prior notice. n refers to severance payment, which is calculated according to the number of years the worker has worked in the unit, and one month's salary is paid for each full year. +1 refers to the notice payment, which is determined according to the employee's salary rate for the previous month.
Legal basis. Article 40 of the Labor Contract Law of the People's Republic of China.
Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.