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If You Hand In Your Resignation Report, Will You Not Go To Work?

2011/8/1 11:14:00 32

Fu Fu, a migrant worker in Jiangxi, had not been granted leave in mid July because she had asked for leave.

The company made absenteeism and automatic leave handling to Fu Mou, and deducted Fu's salary in June and July for half a month.

The two sides caused disputes. Finally, after consultations, the company agreed: in June, Fu's absenteeism day, the company deducted 100 yuan; in July, Fu was two days absenteeism, bucking 200 yuan; other aspects did not deduct money.

Female workers complain:

The resignation report is also counted.

Absenteeism

According to Fu's reflection, she went to work in Panyu branch of Guangdong Xitong logistics company in April 7th this year to be a telephone operator.

In July 16th, she asked for leave from the personnel administration department of the company, and the head of the personnel administration department did not approve it.

The next day, she handed in a resignation report to her department head. The director signed the resignation report, but the head of the personnel administration department of the company still treated her as an absenteeism, with a deduction of $100 per day.

On the 19 day, the company posted a bulletin saying that she "continued absenteeism for 3 days and automatically resigned according to the relevant provisions of the company's rules and regulations."

Fu Mou said, because she did not ask for leave, only then submitted the resignation report, may hand over the resignation report to be approved, but then worked as absenteeism, the automatic separation processing, in June the entire month wages and the July work more than 10 day wages all did not have, she could not tolerate the company's practice, and has broken the company's punishment announcement from the bulletin board.

Personnel director of the company:

Total absenteeism for 3 days

Automatic turnover

In the morning of July 20th, reporters found the personnel administration department of Panyu branch of Guangdong Xitong logistics company.

Yuan Mou said, Fu Mou began to absenteeism from July 16th, on the 16 day (Saturday), Fu went directly to the personnel administration department to ask him to leave.

He told Fu Mou to ask her to ask the leader to ask for leave, but she didn't leave the company with the bag and asked for leave.

On the 17 day (Sunday), Fu wrote a resignation report to find her department head, and the head of the Department signed it.

On the 18 day, Fu went to the company's personnel administration department to find him. He told Fu Fu to quit his job in advance for half a month to write an application for resignation. He could not approve or get a salary if he signed the contract.

He also explained to Fu Mou: "if you work today, only absenteeism for two days, if you do not work, then absenteeism for 3 days, is automatic leaving, there is no wage", but Fu did not listen to, said to go to the labor department complaints.

Yuan Mou said that the company employees leave and leave their jobs, according to the first group leader to sign, and then signed by the head of the Department, and then find the personnel administration department signed the procedure, and Fu did not do so.

Yuan Mou said that the company announced in July 13th that there is such a rule: leave the staff must apply in advance, in addition to special circumstances can only leave after the event, otherwise the absenteeism processing, absenteeism 100 yuan a day, two days of continuous absenteeism 300 days, 300 days, the total absenteeism for 3 days, automatic leave, no salary; staff turnover must be applied in advance for half a month, special jobs and team leader above the job, one month ahead of time, can not leave work until the expiry date, otherwise it will be processed by absenteeism.

Yuan Mou thinks, according to above regulation, Fu Mou has absenteeism 3 days, belong to automatic leaving office, the salary in June and July is all deducted.

Consultation between the two sides

After that agreement was reached.

According to the reporter's proposal, Fu came to the company on the morning of the 20 day for consultation on the labour dispute.

In consultation between the two sides, Yuan said that they could not deal with the terms of "automatic leave, no pay" for 3 days in a total of absenteeism.

However, Fu's failure to comply with the company's leave system should be punished accordingly, that is, a fine of 100 yuan a day, the company's bulletin will be fined at least 300 yuan.

In addition, the company also deducts the personal injury insurance premium and training fee for Fu's purchase (300 yuan each).

Fu Mou thinks, every absenteeism one day fines 100 yuan, tear up the announcement to fines 300 yuan processing result she can not accept.

In addition, Fu also said that the company bought her personal accident insurance without her consent. She did not know and did not receive any evidence. The company had no basis to deduct the premium.

The company's pre job training for employees is a matter for the company to do. There is no reason to deduct the training fee from the employee's wages.

Fu said that if the deduction and penalty items proposed by Yuan Yuan should be deducted for more than 1200 yuan, the full salary of her monthly salary would be only 1300 yuan. In July, she would work for hundreds of yuan in more than 10 days.

Fu Mou said on the spot, unable to continue negotiations on the matter, the labor department to deal with.

On the afternoon of July 25th, the reporter followed up the matter of Fu Mou and the company's labour disputes.

Yuan Mou, head of the personnel administration department of the company, said that the matter had been dealt with well on the 25 day, and the result was: in June, Fu's absenteeism day, the company buckled her $100; in July, he counted out two days' absenteeism and 200 yuan, and did not deduct money in other areas.

The reporter confirmed the above results from Fu Mou.

The labour department:

Formulation of enterprise rules and regulations

Relevant procedures must be passed.

The head of the Department of human resources and Social Security Bureau believes that the formulation of enterprise rules and regulations must first depend on whether the procedure is legal, that is, whether it is discussed through the staff congress or the trade union. Secondly, even if the relevant procedures are passed, it is necessary to see whether the contents are reasonable and not violate the provisions of laws and regulations; besides, they must also be publicized to their employees.

For the employer, the "day of work 100 yuan for a day of absenteeism and 300 yuan for consecutive days of absenteeism of two days, and the total absence of work for 3 days" is regarded as unreasonable by the person in charge. The number of days of absenteeism by employees is not reasonable. Employers can not make any allowance for the period of absenteeism. If the employer has made the rules and regulations of the "total absence of work for 3 days in a month" through the legal procedure, the employer can dismiss the employee (rescind the labor contract), and the wages of the employee can not be deducted from the actual working days.

If the employer wants to deduct the insurance premium and training fee for employees, the head of the relevant departments of the human resources and Social Security Bureau of the district shall, if it is social insurance, is compulsory insurance, and the enterprises and employees must pay the fee.

If it is personal accident injury insurance, it is commercial insurance, not compulsory insurance, depends on whether employees volunteer.

If the employee is not willing, the enterprise can not deduct money from the employee's wages.

As for the training fee, if it is the pre job training for the employees, it is the obligation of the enterprise and must not be deducted from the employee's wages. If the legal training institution carries on the training to the enterprise staff and has the invoice as the basis, then the employer can deduct the related expenses.

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How to terminate the labor contract

The 31 provision of the labor law stipulates: "when a worker terminates the labor contract, he shall notify the employing unit in writing 30 days in advance."

According to this regulation, the worker's rescission of labor contract does not require the approval of the employer.

After the workers and employers have removed the labor relationship, the enterprise will no longer be binding on any worker, and it will be invalid.

The labor law also stipulates that workers may at any time notify the employing unit to terminate the labor contract in any of the following circumstances: 1. during the probation period; 2., the employing unit shall force labor by means of violence, threat or illegal restriction of personal freedom; and 3., the employing unit fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

The 102 provision of the labor law stipulates that a worker who breaks the labor contract in violation of the conditions prescribed in this law or violates the confidentiality matter stipulated in the labor contract and causes economic losses to the employing unit shall be liable for compensation in accordance with the law.

Such losses by employers should include:

(1) employing employers to recruit and pay their expenses;

(2) the training expenses paid by the employer shall be agreed upon by the two parties according to the agreement.

(3) direct economic losses arising from production, operation and work;

(4) other compensation expenses stipulated in the labor contract.

The employing unit shall determine the scope of its secret personnel.

Such personnel shall receive confidentiality education when they are pferred, resigned or terminate their labor contracts, and shall be approved by the secret authorities.

If an employee fails to leave without permission, he shall be investigated for the administrative responsibility of the party concerned and the person in charge of the employing unit in accordance with the law.

If the circumstances are serious and cause serious losses to the state interests, criminal responsibility shall be investigated according to law.

If a worker violates the obligation of confidentiality in the labor contract and causes economic losses to the employing unit, he shall bear the responsibility for breach of contract and pay the employer's compensation fee according to the relevant provisions of the anti unfair competition law.