In our daily life, we may encounter some contradictions and problems in the judgment of labor disputes. Some problems can be solved through consultation, but if they cannot be solved, we will usually go to court. The following is the judgment of labor dispute.
Labor dispute judgment 1 labor dispute judgment
Plaintiff Liu XX.
Defendant ×× Company.
The legal representative is Zheng XX.
Entrusted agent Xu XX.
Entrusted agent Li XX.
The case of labor dispute between plaintiff Liu XX and defendant XX Company has been filed in our hospital. According to the law, Judge Tian Chune conducted a public hearing by applying summary procedure. The plaintiff Liu XX and the defendant entrusted agents Xu XX and Li XX to appear in court to participate in the proceedings. The case has now been closed.
According to the original report, the plaintiff had a labor dispute with the defendant, refused to accept the award of Langkailaozhongzi (2009) No.94 made by the Labor Dispute Arbitration Committee of Langfang Development Zone, and filed a lawsuit with our court.
Facts and reasons:
1. On August 5, 2008, the plaintiff and the defendant signed the Agreement on Dissolving Labor Relations through Consultation (hereinafter referred to as the Agreement), and reached an agreement on the standard and amount of economic compensation for the defendant's request for the plaintiff to agree to dissolve the labor contract in advance. This agreement is the true intention of both parties and has legal effect from the date of signature or seal by both parties.
Second, the plaintiff has handed over the work on time. To say the least, even according to the handover time provided by the defendant, it has been proved that the plaintiff completed the handover as early as a year ago, and it is a fact that the defendant did not pay the plaintiff economic compensation.
Article 577 of the Civil Code: "If a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses." Therefore, it is the defendant's legal responsibility and obligation to pay the economic compensation agreed in the agreement and pay the compensation in accordance with the relevant provisions of the Measures for Economic Compensation for Violation and Termination of Labor Contract and the Labor Contract Law.
Three. The defendant's salary of 65438+ 10 in September and June 2008 was paid normally, and it was paid next month and last month. The defendant has the ability to pay economic compensation.
4. The salary agreed in the plaintiff's contract is 20,000 yuan/month, and the salary at the time of resignation is 20,480 yuan/month, plus meal allowance and seniority allowance. According to relevant laws and regulations, the economic compensation is calculated according to the actual average salary at the time of resignation, that is, 20,480 yuan, 8 1.920 yuan for four months.
Based on the above facts, in order to safeguard the legitimate rights and interests of the plaintiff, we hereby file a lawsuit and request a decree:
1, the defendant paid the plaintiff economic compensation 8 1920 yuan;
2. The defendant paid 8 1920 yuan, which is 100% of the plaintiff's economic compensation.
The litigation costs of this case shall be borne by the defendant.
The plaintiff submitted the following evidence to the court in response to our claim:
1, salary slip (printed by e-mail) and original tax payment certificate, which prove that the plaintiff's monthly salary was 20,480 yuan when she left her job;
2. Work handover form, handover certificate, description of the situation, payment approval record of house purchase contract, loan application, and arbitration awardNo. (2009) 15, which prove that the plaintiff handed over the work on August 3, 2008, and the defendant was able to pay the salary;
A copy of the labor contract, which proves that the plaintiff went to work with the defendant on June 65438+1October 65438+1October 2006.
The defendant argued that:
1. The agreement signed by the plaintiff and the defendant is legal and valid;
Second, the arbitration award correctly understands the agreement signed by the original and the defendant, and the plaintiff's handling of the handover work is indeed a prerequisite for the company to pay economic compensation;
Iii. Standards for economic compensation, additional compensation, seniority allowance and meal supplement:
1. The plaintiff's salary standard is 20,000 yuan/month, which is three times higher than the average monthly salary of 2,386 yuan in Langfang in 2008.
Therefore, the economic compensation should be 7158× 4 = 28,632 yuan.
2. The respondent fails to pay the economic compensation without reason, which is temporarily unable to pay due to objective reasons. In addition, Article 85 of the Labor Contract Law stipulates that the premise of paying additional compensation is that the labor administrative department orders the company to pay labor remuneration within a time limit, and fails to pay it within the time limit, and the respondent has not received any instructions from the labor administrative department.
3. The seniority allowance and meal supplement claimed by the plaintiff belong to the company's operating expenses and should not be included in the plaintiff's salary or economic compensation. At the same time, the length of service allowance claimed by the plaintiff in the Arbitration Commission is 150 yuan, not 200 yuan.
4. The plaintiff seriously neglected his duty, causing serious economic losses to the defendant. The plaintiff failed to perform the duties of the competent leader during his term of office. As a result, the management of personnel and labor relations in the company was confused, and 100 employees had labor disputes with the company.
The defendant submitted the handover form to the plaintiff on June 7, 2008, which proved that the handover of the original defendant was completed on June 7, 2008.
The defendant has no objection to the tax payment voucher in the evidence 1 submitted by the plaintiff, but has objection to the source of the payroll, arguing that the plaintiff's salary is 20,000 yuan per month, and the seniority allowance 200 yuan and the food allowance 280 yuan are not included in the salary range. The length of service allowance requested by the plaintiff in the arbitration award is 150 yuan; Evidence 2 The work handover form, handover certificate, situation description, payment approval record of house purchase contract and loan application form are all copies.
The copy cannot be checked with the original, and its authenticity will not be recognized. The witness who issued the certificate did not testify in court. Evidence 3 The labor contract is a copy, and the copy is not recognized. However, it is determined that the plaintiff came to work for the defendant on June 65438+1October 65438+1October 065438+1October 2006.
The plaintiff had no objection to the authenticity of the handover form submitted by the defendant on June 7, 2008, but claimed that the handover on June 7, 2008 was only for office supplies, such as desks and chairs, which did not belong to the handover content agreed in the agreement.
We confirm the following undisputed facts of the original defendant:
First, there is a labor relationship between the original defendant;
2. On August 15, 2008, the original defendant signed the Agreement on Dissolving Labor Relations through Consultation, which stipulated that at the request of Party A (defendant), both parties reached an agreement on dissolving the labor contract relationship between Party A and Party B (plaintiff):
1. Both parties reached a consensus on August 5, 2008 and decided to dissolve the labor relationship before August 3, 20081.
2. The plaintiff's working time ended on August 3, 20081day, and the work handover was completed before that;
3. Party A agrees to use the articles of association and the relevant provisions of the labor contract relationship as economic compensation for the termination of the contract. In addition to the salary in August, Party A will also pay Party B a one-time compensation equivalent to four months' salary, which will be paid to Party B before September 15, 2008.
The court found out the disputed facts of the original defendant as follows:
The plaintiff started to work for the defendant on June 65438+ 10/2006. The original defendant and the defendant signed a written labor contract on June 65438+ 10 1 0/2006, and the contract was terminated on June 65438+ 10/2009. The plaintiff's income in August 2008 was 20,480 yuan (including food allowance 280 yuan and seniority allowance 200 yuan). The plaintiff handed over the work on June 7, 2008 at the latest +65438.
The above facts are evidenced by the copy of the labor contract submitted by the plaintiff, the tax payment certificate submitted by the original defendant, and the handover slip.
The verdict is as follows:
1. The defendant ×× Company shall pay the economic compensation of 48 1 18 yuan to the plaintiff Liu×× within seven days from the effective date of this judgment;
Second, reject the plaintiff Liu XX's other claims.
If the defendant fails to perform the obligation of paying money within the period specified in this judgment, he shall pay double interest on the debt during the delayed performance in accordance with the provisions of Article 229 of the Civil Procedure Law of People's Republic of China (PRC).
The case acceptance fee 10 yuan shall be borne by the defendant ×× company. The payment shall be made within three days from the effective date of this judgment.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to XXX Intermediate People's Court. If the appeal fee is not paid within the time limit, the appeal will be withdrawn automatically.
Inspector ×××××
20 10 March 9
Labor Dispute Judgment 2 I. Labor Dispute Model Award
XXX labor dispute arbitration commission
award
Old Zhong Anzi in XX City [[20xx]No. XX]
Applicant XXX, male, Han nationality, 19XX was born on XX, XX, and lives in XX village, XX town, XX county, XX province.
Respondent: XXX co., ltd
Legal representative XX, chairman of the board.
Address: XX Building, XX Road, XXX City.
Entrusted agent XX, employee.
Applicant XXX applied to our court for arbitration because of a dispute over signing a labor contract and dissolving the labor relationship with respondent XXX Co., Ltd. After the Security Council accepted it, an independent court was appointed to try it according to law. Applicant XXX and respondent entrusted agent XX to attend the trial. The trial of this case is over.
The applicant claims that I joined the respondent on XX, XX, XX, 20XX as the security guard of the administrative department. Although I have signed many labor contracts, I have always held this position and it is still within the validity period of the contract. In July 20XX, the respondent unilaterally transferred me to the sales site of the marketing department of the market center as a security guard and receptionist. On October 20th, 2065438+001kloc-0/0, the respondent wanted to transfer me to another subordinate enterprise (XX Property Management Co., Ltd.), but I didn't agree, so I stopped working that day and the attendance record information was deleted.
Unilateral termination of the contract in violation of the law. According to the "Labor Contract Law" and other relevant laws and regulations, if the respondent terminates the labor contract illegally, it shall pay compensation to him twice the economic compensation standard according to law. If the respondent violates the regulations, he will not sign an open-ended labor contract with me, and will pay me twice the monthly salary from the date when the open-ended labor contract should be signed. Therefore, I request the defendant to pay me:
1. Compensation for illegal termination of the labor contract is 30,600 yuan (17 months × 1800 yuan/month);
2. The monthly salary shall be 68,000 yuan (from 20081October 65438+ to 20651October 10) from the date of signing the open-ended labor contract.
The respondent argued that our company did not terminate the labor relationship with the applicant, and there was no case that the applicant voluntarily terminated the labor contract due to our company's fault, and there was no basis for the applicant to ask our company to pay economic compensation.
According to the Labor Contract Law, it is necessary to sign two fixed-term labor contracts after 2008, and then sign an open-ended labor contract for the third time. However, the applicant's situation does not conform to the provisions of this law, and there is no factual and legal basis for the applicant to ask our company to pay twice the salary of the unsigned open-ended labor contract. As the security guard and receptionist of our XXX project sales site, the applicant can't complete the task according to our reasonable work arrangement, which shows that the applicant is incompetent.
Our company informed him to attend on-the-job training according to law, but the applicant refused to attend the training, and then he stopped working, which was both absenteeism and a serious violation of the rules and regulations of the employer.
Upon investigation, the applicant entered the respondent's office on XX, 20XX, and the latest date of signing the labor contract between the two parties was August 1 day, 2009. The labor contract stipulates that the contract period is 20XX August 1 day to August XX, 2065438, and the applicant is the security guard of the respondent's administrative department, with a monthly salary of XX yuan. On July 1 2065438, the Respondent sent a Personnel Transfer Letter to the Applicant, transferring the Applicant to the Marketing Department of the Respondent to take the post of on-site security guard and receptionist, and the Applicant signed the letter.
During the trial, the applicant believed that: except for the transfer in July of 1 year, in June, the respondent verbally indicated that it would transfer the applicant to the property management company to which the respondent belongs, and the applicant thought that the labor contract signed by both parties was not a property management company, so he was unwilling to go; The respondent dissolved the labor relationship with the applicant on 10/20/0, and did not go to work since that day because the applicant was incompetent.
The respondent thinks that the transfer in July of 1 year is because the marketing department needs manpower, and the applicant agreed to go to work after the transfer, and the company did not terminate the applicant's labor contract; The applicant was not qualified for the marketing department, so the company decided to train him. The applicant refused to participate and the company did not handle the applicant.
The evidence provided by the applicant to the Committee is: 1, the labor contract signed by both parties on August 1 2009;
2. Payroll of the applicant;
3. Personnel Transfer Letter issued by the respondent to the applicant on July, 2065438 10.
The evidences provided by the respondent to the Committee are: 1, and the Personnel Transfer Letter issued by the respondent to the applicant on July 20 10/;
2.201September 71October Assessment Interview Record Form, which records the applicant's three areas that need improvement and has the applicant's signature; 3. The Training Notice made by the respondent on 20 10 10/0/0 stated that since the applicant worked as a site security guard and receptionist in XXX Park, he was now arranged for retraining.
We believe that the applicant used to be the security guard of the respondent's administrative department, and was transferred to the respondent's marketing department as the on-site security guard and receptionist on July 1. The applicant signed the letter and arrived at the post. Both parties have changed their original contract posts, and there is no evidence to prove that the respondent adjusted his post for the second time and terminated the labor contract. Therefore, the applicant's request for the respondent to pay compensation for the illegal termination of the labor contract has no basis and cannot be supported;
The applicant has worked continuously in the respondent for less than 65,438+00 years, and the labor contract recently signed by both parties has not expired. The applicant's request that the respondent "pay a monthly salary of 68,000 yuan from the date when an open-ended labor contract should be concluded" is unfounded in law and cannot be supported.
According to Articles 14 and 48 of the People's Republic of China (PRC) Labor Contract Law and Articles 42 and 47 of the People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law, we make the following ruling:
Reject the applicant's appeal against the respondent.
If you refuse to accept this award, you can bring a lawsuit to Huicheng District People's Court within 15 days from the date of service of this award; If no prosecution is brought within the time limit, this ruling will take legal effect.
Ruler: XX
XX，XX，XX，XX
Labor dispute judgment 3 Applicant:
Address:
Entrusted agent:
Respondents:
Domicile:
Legal Representative: Position:
Entrusted agent:
The third person:
Domicile:
Entrusted agent:
After accepting the case between the applicant and the respondent, the Committee shall form an arbitration tribunal in accordance with the law and hold a public hearing. The applicant, the entrusted agent and the respondent entrusted their agents to attend the arbitration in court, and the trial of this case has now ended.
The applicant claims that:
The defendant argued that:
The Committee found that:
The above facts are proved by court transcripts, statements of the parties and relevant documentary evidence, and the evidence is true enough to be recognized.
The Committee considers that:
According to the provisions of, the ruling is as follows:
(Contents of the award)
According to the provisions of Article 48 of the Labor Dispute Mediation and Arbitration Law, a laborer who refuses to accept Item of this award may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If no prosecution is brought within the time limit, the arbitral award shall become legally effective as of the date of making it.
According to Article 50 of the Labor Dispute Mediation and Arbitration Law, if a party refuses to accept this award, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.
If one party refuses to perform the effective arbitration award, the other party may apply to the people's court for enforcement.
Chief arbitrator:
Adjudicator:
Adjudicator:
date month year
1. The applicant's arbitration request involves both the disputed causes (the final cause of arbitration and the non-final cause of arbitration) stipulated in Article 47 and Article 50 of the Labor Dispute Mediation and Arbitration Law. The arbitration commission may make separate awards in the same arbitration award, but it shall inform them of the right to sue separately.
2. The arbitrator shall sign the original award, and the arbitrator who has different opinions on the award may or may not sign it, and the original award shall be included in the arbitration file. A copy of the award shall be served on the parties concerned, and the seal "This copy is the same as the original" shall be affixed in the space at the lower left corner of the last page, and the arbitrator shall not sign the copy. The copy of the award shall still be signed by the arbitrator and stamped with the seal of the Arbitration Commission.
3, according to the "labor dispute mediation and arbitration law" in the first paragraph of article forty-fourth of the execution of the award, did not inform the right to sue, by the arbitration institution transferred to the people's court for execution.