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Today'S Argument: Forcing Employees To "Voluntarily Resign" Has To Pay The Price.

2015/8/1 21:37:00 23

The EmployerThe EmployeeThe Initiative To Resign

In reality, some

Employing unit

In order to shirk the legal responsibility when the workers are dismissed, take the long vacation for the workers, change the workers, and improve the working standard without authorization, forcing the laborers to "voluntarily resign" because they can not afford to stay, that is, "recessive dismissal".

In fact, laborers can fully protect their rights in accordance with the law. Employers must pay for the "forced dismissal" of employees.

Case: the labor contract signed by Fan Li and the company has a monthly salary of 3500 yuan.

However, only half a year later, due to the reduction of business items, the company launched the "reform": employees only pay half of their wages every month.

At the same time, it also issued a specific but difficult to complete the assessment plan.

Fan Li and other staff understand that only leave, or even the cost of living can not be guaranteed.

Comments: on the one hand, the company's unauthorized reduction of wages must be approved by employees.

Otherwise, it should bear the responsibility for breach of contract.

On the other hand, the practice of setting up a difficult assessment scheme for employees is in essence a disguised way to deduct employee salaries.

The labor administrative department has the right to order employers to pay wages, economic compensation and their total compensation of 1 to 5 times.

Case: Lou Ping is a sales staff of a Real Estate Company. The labor contract specifies that his monthly salary is 4000 yuan.

In January 2011, the sales volume of the company had a sharp decline, so it planned to dismiss the employees. However, because of the high economic compensation, it adopted a "hidden dismissal": leaving Lou Ping to be on the job and issuing a monthly fee of 600 yuan.

In the end, Lou Ping was forced to resign.


Comment: Although employers can let Lou Ping wait for posts, they can not "shrink" their salaries.

"

labour law

"The fiftieth rule states:" no wages should be deducted or paid without cause. "

"

Interim Provisions on wage payment

The fifteenth article also points out: "employers should not deduct the wages of labourers."

The above stipulates that the employer must pay all wages to the employee unconditionally according to the standards stipulated in the statutory or labor contract, and shall not be deducted in any form or under any pretext.

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The reporter learned from the provincial housing office that the high temperature continued on the dog days, and that the heating and cooling fees could not be discounted or withheld due to low temperatures and rainy days.

The provincial housing office reminded that the standard for the prevention of summer heat and cooling costs is time instead of temperature, and the high temperature allowance is conditional.

The implementation time of heatstroke prevention and cooling fee is from June 15th to September 15th (the execution time in Northern Shaanxi is from June 15th to August 15th), and the outdoor workers are 10 yuan per person per day and 6 yuan per person per day.

The high temperature allowance is from June 1st to September 30th each year, which is 10 yuan per person per day. All kinds of enterprises arrange workers to work in the open air under high temperature weather (above the maximum daily temperature of 35 degrees Celsius), and can not take effective measures to reduce the temperature of workplace to below 33 degrees Celsius (excluding 33 degrees Celsius). Enterprises should pay high temperature allowance to laborers.

It is reported that everyone has a heatstroke prevention fee, and the high temperature allowance must meet the temperature conditions.

If laborers meet two conditions at the same time, they can not only enjoy sunstroke cooling fees but also receive high temperature allowances.

The provincial housing office reminds the vast number of migrant workers friends that the high temperature allowance is not included in the minimum wage standard, and that heatstroke drinks and drugs can not be charged to high temperature allowances. Night shifts can also receive high temperature allowances.

The conditions for the payment of high temperature allowance only depend on whether the working environment is outdoor, the temperature of the working environment is not related to whether or not to work on the night shift.

If the workplace temperature reaches 33 C during the night shift, the high temperature allowance should be obtained.


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