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  • Started 10 years ago by svoioit1i0

  1. <br>Sunday work was dismissed, blame me slightly<br><br><br>Company: violation of the company's employment regulations<br><br><br>Court: This reason does not hold, compensation of employees 87,000 yuan<br><br><br>Newspaper correspondent Jin Jin Wei Guo Rong told reporters Miao Lina<br><br><br>Sunday is a rest day obviously,doudoune moncler femme, the company is also prescribed rest periods. But a staff Keqiao Mr. Zhang has offered to go to work overtime, the boss thought it would receive the awards, but also to ask the boss for overtime.<br><br><br>The results did not expect the company actually lifted the labor contract, he was fired. The reasons are: violation of company rules and regulations.<br><br><br>Mr. Zhang was shocked, overtime has also been expelled? He believes that the company's illegal behavior,zYlSskz3DL, and to the labor department for arbitration. Mr. Zhang arbitration support demands, requiring the company to pay economic compensation side.<br><br><br>However, the company is not satisfied, shortly before Mr. Zhang to court, asking the court to dismiss the arbitration decision.<br><br><br>Recently, Shaoxing Keqiao District Court of First Instance was ruling.<br><br><br>Employees: active rest day overtime<br><br><br>Overtime did not want to, anti-fired<br><br><br>Mr. Zhang, 45, is Shaoxing Keqiao District,Wu882CVsBI, a chemical fiber company's sales representatives. When in December 2012 the entry, he signed a three-year labor contract with the company.<br><br><br>Sales sometimes free and sometimes busy Sunday in September last year,0Xl8C2U9u1, the client sent a message to Mr. Zhang said that some product issues, let him deal with it.<br><br><br>"Hear customers say, I have a bit nervous, they immediately went to the company to help customers deal with the problem, replacement." Mr. Zhang said.<br><br><br>However, things are more difficult, can not solve all of a sudden,vm27vFGJLU, then the second Sunday, he went to the company to work overtime.<br><br><br>Two consecutive Sundays soak in the work, Mr. Zhang felt their diligence should get the boss's appreciation,louboutin soldes pas cher, he also felt the company should pay him some overtime.<br><br><br>Go to work the next day, Mr. Zhang excitedly went to the boss's office and told this thing, I hope the boss give some overtime.<br><br><br>Unexpectedly, the boss not only did not praise him, also reprimanded meal, overtime not to think too much.<br><br><br>The boss asked for a review, Mr. Zhang refused, and quarrel with company officials.<br><br><br>When things become significant, the company Mr. Zhang does not comply with company policy violations attendance,MH5H6TLunv, subject to the company write a review book afterwards without penalty, citing the lifting of the labor relationship with Mr. Zhang.<br><br><br>That labor contracts are canceled, Mr. Zhang was shocked, he believes the company's illegal behavior, and to the labor department for arbitration.<br><br><br>Mr. Zhang arbitration support demands, requiring the company to pay economic compensation side.<br><br><br>Court: The company "illegal attendance" untenable<br><br><br>Compensation of employees 87,000 yuan<br><br><br>Of course the company is not satisfied, so Mr. Zhang told the court, asking the court to dismiss the arbitration decision.<br><br><br>Recently, Shaoxing Keqiao District People's Court for trial.<br><br><br>The court held that if the company claims to dismiss Mr. Zhang is a legitimate labor relations, workers must provide evidence that it violates the rules and regulations, and the dismissal process to go through the democratic process, does not violate the laws, regulations and policies, to public workers.<br><br><br>But in this case, the company that Mr. Zhang does not comply with company policy, violations attendance, this serious violation of company rules and regulations.<br><br><br>The court held that the grounds are not reason to terminate the labor contract laws and regulations.<br><br><br>In addition, the company "labor system" in the provision,woolrich outlet milano, approved overtime employees can be paid overtime pay or compensatory arrangements in accordance with national regulations. For Mr. Zhang twice weekend attendance, companies did not provide evidence of payment of overtime wages paid or arrange time off, we can not prove that Mr. Zhang has been attendance.<br><br><br>Therefore, the company "illegal attendance" as an excuse to terminate the labor relationship with Mr. Zhang does not meet legal requirements.<br><br><br>Mr. Zhang after receiving the notification and then the company really did not work, the actual labor relationship has been lifted,Q7xM96nJ8N, he advocated economic compensation accordingly,0JpubrJ3Na,piumini moncler, not improper, the court support.<br><br><br>Finally, the Court of First Instance ruling company Mr. Xiang Zhang paid 87,000 yuan of economic compensation, along with wages paid yet, Mr. Zhang to pay a total of 110,6h1jI5txMV,000 yuan.<br><br><br>8 hours outside whether he overtime, need specific conditions<br><br><br>The judge handling the case said that although the company is not voluntary overtime,doudoune moncler pas cher, but the company as a pretext to terminate the labor relationship with the workers, with some far-fetched, this is not the case of legal dissolution of the labor contract law.<br><br><br>That under what circumstances overtime is overtime pay or compensatory leave it?<br><br><br>With this issue, the money newspaper reporter ask the deputy director of Zhejiang Times Business law firm lawyers Chen.<br><br><br>"In principle, no more than eight hours a day working week shall not exceed 40 four hours, more than is to calculate overtime pay. There are legal holidays for overtime, overtime pay will be calculated." Mr. Chan said, but also to the specific specific analysis of the situation, such as the employer and the employee contract, setting the workload is reasonable.<br><br>

    Posted 10 years ago #

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