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What Is The Administrative Sanction Of The Employee Leaving The Unit?

2016/2/20 22:09:00 41

Employee TurnoverAdministrative SanctionLegal Support

The last labor contract signed by the two sides in 2011 was from 2014 to 2019.

In 2014, Zhang submitted his resignation and there was a dispute between the two sides.

After labor arbitration, the Arbitration Commission decided that the two sides would terminate the labor contract in November 2014.

In June 2015, a unit made a decision on giving Comrade Zhang an administrative warning.

The decision stated that Zhang did not perform financial reimbursement procedures during the long term of 2014, which had adverse effects on the normal financial work of the unit, and for 2014 years.

Absenteeism

9 days.

According to the unit management method, give Zhang an administrative warning.

Zhang refused to accept the case and asked to be revoked to the local court.

The court decided to cancel the sanction.

Comment and analysis: Zhang Mou's unit in 2011, the two sides set up

Labor relations

Zhang submitted his resignation and confirmed that the two sides had lifted their labour relations in November 2014.

A single company was found to be in breach of the company in June 2015.

Rules and regulations

On the grounds of the circumstances, it is inappropriate to make a decision on administrative warning for the time when the two sides terminate the labor relationship.

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In September 2010, Zhang was injured in a traffic accident on the way to work, and was found to be injured by work, with a disability degree of 9.

In February 4, 2013, Zhang was injured again, and was found to be injured by work, with a disability degree of 10.

In June 1, 2015, Zhang proposed the termination of the labor contract.

Later, Zhang submitted an application to the local labor and personnel dispute arbitration commission, requiring a company to pay a one-time disability employment subsidy in accordance with the 9 and 10 standards.

According to the trial of the Arbitration Commission, the regulations on work-related injury insurance stipulate that the workers were identified as grade 5 to 10 on the basis of occupational injuries. If the labor contract terminates, or the worker himself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy.

The opinions of the Ministry of human resources and social security on the implementation of several issues concerning the regulations on work-related injury insurance (No. 2013 of the Ministry of personnel and social affairs No. 34) stipulate that workers have suffered many industrial injuries during the continuous work of the same employer. When they receive the relevant treatment, they will issue a one-time disability employment subsidy according to their highest disability level in the same employer.

In this case, Zhang has been injured for two times, and the ranks are 9 and 10 respectively.

In accordance with the above provisions, Zhang has the right to propose a termination of labor contract, and can receive a one-time disability employment subsidy from a company according to the highest disability level.

Finally, the Arbitration Commission decided that a company should pay a one-time disability employment subsidy to Zhang according to the 9 level standard.


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