8 days of resignation to claim millions to the company?The court returned 4 words

Source: People’s Daily Online

After 8 days of work, he took the initiative to resign,

Still claiming millions of companies?Intersection

How does the court judge?

Lets come look!

Incident review

Li Mou is an employee of the first transportation company in Chengdu. When he joined the company, the company agreed to pay a monthly salary of 4,000 yuan and stayed.

Only 8 days after joining the job, Li had a difference with the company on the grounds that poor living conditions and the company’s unwilling to pre -pre -saving living expenses, and filed a resignation. The company settled a salary of 600 yuan.

Li was dissatisfied with the salary paid by the company and applied for arbitration, and the Arbitration Commission did not accept it.

Li sued the court again and asked the company:

1. Pay the salary of 4,000 yuan in the month;

2. Payment economic compensation 2,000 yuan;

3. Pay compensation 2,000 yuan;

4. Pay compensation 8183.3 yuan;

5. Payment of unemployment compensation 1 million yuan.

The above total is 1016183.3 yuan.

Legal judgment: Unreasonable request!


First instance court

After the trial, the court of first instance judged that the company paid a total of 1369.45 yuan for the 8 -day salary and overtime salary of the company, rejecting other litigation requests.

Li was not convinced and appealed.

Second instance court

About the monthly salary of 4000 yuan

The salary is the reward paid by the employer to the employee’s labor in the form of currency. The premise of the salary of workers is to pay the corresponding labor. The monthly pay is only the provisions of the employer’s salary issuance cycle. It does not mean that the workers are inA salary is not provided or provided in a salary cycle or provided by only part of the labor to get the salary of the whole month.Li was working in the company for 8 days. The court of first trial calculated the salary of the law in accordance with his actual number of days. Li Mou asked for 8 days to work for the entire month’s salary was unreasonable. The court did not support it.

About economic compensation 2000 yuan

Due to the company’s reasons, the contract signed by the two parties is invalid, and employees can terminate the labor contract and require the payment of economic compensation.However, Li only worked for 8 days in the company, and the two parties have not signed a labor contract. Li did not prove that the company has its claims that they have fraud, coercion, or the danger of taking advantage of people.In the case of a labor contract, the reason for the appeal of economic compensation is not established, and the court does not support it.

About 2000 yuan in compensation

The condition for the employer to pay compensation is that the employer is unbuttoned or terminated by the employer illegally.After the establishment of a labor relationship between the two parties, Li resigned on the grounds that the living conditions were poor and the company’s non -pre -saving living expenses were resigned.To terminate the labor contract, Li’s reason to pay compensation for compensation was not established, and the court did not support it.

About the additional payment compensation 8183.3 yuan

Article 85 of the Labor Contract Law: "If the employer has one of the following circumstances, the labor administrative department shall order the labor remuneration, overtime or economic compensation;The difference is part; those who do not pay the time limit shall be ordered to order the employer to pay compensation to the workers according to the standards of more than 50 % of the percentage of the amount of less than 10 % of the percentage.

(1) If the labor contract is not paid in accordance with the provisions of the labor contract or the state regulations, the labor compensation is paid in a timely manner;

(2) Paying workers’ wages lower than the local minimum wage standard;

(3) Arrange overtime non -payment overtime pay;

(4) Lift or terminate the labor contract shall not pay economic compensation to the workers in accordance with the provisions of this Law."

As mentioned earlier, the company does not have the situation stipulated in the above laws. According to this request, the reason for the claim to pay compensation is not established, and the court will not support it.

About unemployment compensation 1 million yuan

First of all, unemployment is a person who is willing to work for rewards, but has not found a job.For only 8 days of working in the company, Li was resigned on the grounds of poor living conditions and unprepared living expenses. He did not have an unemployment caused by employers or social reasons.

Secondly, Li was only 49 years old when he resigned. He was 11 years old than the legal retirement age. He has a strong age and has no physical and mental disability. He can earn rewards to support his lives of yourself and his family by paying labor.Li did not actively prepare for new employment opportunities. Instead, he required him to pay for it for only 8 days to pay him without working until he retired at the age of 65.gold.

Labor is both the right of citizens and obligations. It is also illegal to refuse labor itself.Li was unwilling to work and asked for compensation to try to obtain it without work. Therefore, Li had unreasonable requests without factual and legal basis, and the court rejected it according to law.

In summary, the judgment of the first instance determines that the facts are clear, the applicable law is correct, and it should be maintained according to law.The second trial judgment rejected the appeal and maintained the original judgment.

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