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4 kinds of case of repulsive employee
From;    Author:Stand originally

Brief introduction of details of a case

Tan Mou pledges for manufactory of face plate of liquid crystal of some foreign capital check member, added this plant 2003, the labor contract that signed by a definite date 5 years. 2005 the Spring Festival, tan Mou because with kin banquet drink excessive drinks in the process and insensible, although classics is seasonable the come to after rescue, but its part cranial nerve is damaged. April 2005, tan some medical treatment expires after going to work, in having quality inspection process to liquid crystal product, attention cannot be centered for long and often make the flaw is tasted rate is apparent rise. This factory changes for Tan Mou after other works, but he still cannot be centered for long because of attention and often make mistake. In January 2006, ministry of resource of this plant labor power shifts to an earlier date 30 days to inform Tan Mou, will remove with its at second month labor contract, agree to pay its economic compensation gold. Tan Mou thinks to be to feel he did not use ability general in the factory his spurn, very refuse to obey. With the factory the leader talks things over not after fruit, appeal to this factory to to labor controversy arbitrates committee, request cancel this factory removes with its the decision of labor contract.

  Arbitral result

Labor dispute arbitrates committee classics open a court session is tried, rejected Tan Mou's appeal to request, agree with manufactory of face plate of liquid crystal of this foreign capital to remove the labor contract with Tan Mou.

   The expert is commented on

This case belongs to home remedy of unit of choose and employ persons to remove the case of labor contract. Law removed to make strict provision with the requirement that the labor contract of laborer should have to unit of choose and employ persons, main component is acceptability remove, remove immediately, economy cuts down the member of persons employed to be retreated with premonitory demit remove wait for 4 kinds of case. Want to analyse this case, with respect to the specific and applicable requirement that must understand every kinds of situation deep.

   ◆ focus one: Acceptability remove the applicable condition of labor contract

Basis " labor law " regulation, want unit of choose and employ persons and laborer to talk things over only consistent, can remove labor contract. In the meantime, laborer and both sides of unit of choose and employ persons remove not only labor contract itself is reached consistent, still ought to be opposite one party is bilateral perhaps put forward remove the condition of labor contract talks things over consistent. For example, whether does unit of choose and employ persons want to compensate certain expenses to ask laborer contest course of study prohibits, whether does laborer want the economy that to removing ahead of schedule labor contract pays an agreement to compensate gold to wait, only additional to these requirement also reachs both sides consistent, just be labor contract is acceptability remove. Of course, if both sides works to removing,the contract all did not raise any requirements, nonexistent also whether to manage consistent problem with respect to the condition.
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