A few days ago, a packaging company in Zhangjiagang experienced a problem: After its employees were injured, they did not continue to work. The units neither urged nor revoked the labor contract. The latter employees claimed economic compensation for the termination of the labor contract, and the unit could not provide the processing decision. The court was found to have agreed to terminate the labor contract.
Sun Mou entered a packaging company to engage in packaging and printing work in August 2011, and the payroll was distributed. The two sides did not sign a labor contract. On September 17, 2014, Sunmou had a traffic accident on his way to work. After Sunmou did not return his unit to work on grounds of physical discomfort. During the period, the unit neither urged Sun to go to work nor issued a certificate of dissolution of the labor contract.
In March 2015, Sun Mou applied to the Labor Dispute Arbitration Committee for arbitration and requested the packaging company to pay economic compensation for the termination of the labor contract. After the arbitration commission heard the case, the ruling upheld Sun’s appeal request. The packaging company refused to accept that Sun Mou’s department had automatically left the company. The unit should not pay economic compensation and sued the court.
Analysis: After the court heard that if Sun Mou automatically leaves the company, the packaging company as an employing unit should promptly handle the case, and the packaging company fails to provide evidence to prove that Sun Mou had made a specific decision, it should be determined by the packaging company and Sun Mou. Negotiate to cancel the labor contract.
According to Article 26, paragraph 2 of the "Labor Contract Law," the employer shall revoke the labor contract with the laborer and negotiate in agreement, and shall pay the laborer economic compensation. Since August 2011, Sun Mou went to work with a packaging company, and until March 2015, Sun Mou initiated labor arbitration for 3 years and 7 months. Therefore, the packaging company should base its average salary of RMB 2,300 for the 12 months before his injury. Pay the economic compensation for his 4 month salary. The court then ruled that the packaging company paid Sun's economic compensation of 9,200 yuan to terminate the labor contract.
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