For not signing the labor contract, Longgang printing pink jewelry box packaging factory dismissal of disciplinary employees compensation of 6,800

1. A printing pink jewelry box packaging factory was complained:

On August 27th, the owner of a printing pink jewelry box packaging factory in Longgang, Mr. Lin, received a notice of response from the Cangnan County Labor Arbitration Commission, stating that it had accepted the labor arbitration complaint of the former machine operator of the pink jewelry box packaging factory, Mr. W. W said that he had worked in the pink jewelry box packaging factory for five and a half years and had been dismissed for no reason. W said that he had worked in this pink jewelry box packaging factory for five and a half years and was dismissed without reason, and claimed one month's salary of 5,000 yuan for not giving one month's notice in advance of the dismissal; he had worked for five and a half years and was dismissed without reason, and claimed an average of five and a half months' salary of 22,000 yuan. The Labor Arbitration Commission requires the printingpink jewelry box packaging factory to make a reply within 10 days.

2. Lin boss came to pink jewelry box packaging printing association to ask for help

According to the Labor Contract Law, w's complaint requests seem to be supported by legal provisions, and the printingpink jewelry box packaging factory's compensation of 27,000 yuan is inevitable. Never experienced labor disputes, Lin boss felt very wrong, and came to the pink jewelry box packaging printing association to ask for help. Lin boss said, w is the pink jewelry box packaging factory 08 machine captain, some time ago has been dismissed. w is not convinced, so to Cangnan County Labor Arbitration Committee put forward the above request. pink jewelry box packaging Association staff to understand the situation, first of all, to calm down the angry Lin boss, and then explain the "Labor Contract Law" the basic spirit of the law. The basic spirit of the Labor Contract Law. Finally, they looked for evidence for his "dismissal". 3.

3. Mr. Lin explained the reasons for dismissing the employees of the pink jewelry box packaging factory:

After a reminder, Mr. Lin said angrily that all the employees of the pink jewelry box packaging factory were not good enough! He said w just started (2008) into the pink jewelry box packaging factory to work, more able to comply with factory rules and regulations, but since 2011, gradually free and loose, not serious and irresponsible. He cited a few examples, one is w work free and loose, eight o'clock in the morning to be late, 3, 4 o'clock in the afternoon to leave the pink jewelry box packaging factory, less than six and a half hours a day in the post time; two is w in the pink jewelry box packaging factory work time crowd playing cards, betting on the post. 2011 the pink jewelry box packaging factory moved next door to a new jewelry box packaging factory, a new machine was moved to the factory. In 2011, the pink jewelry box packaging factory next door to move to a gambling "panda machine", w often pink jewelry box packaging printing machine to Kai Feida employees to guard, their own next door to gamble. The length of time away from work varies, sometimes one to twenty minutes, sometimes two to three hours. Leave the post gambling times before and after the number of hundreds of times. At first, in view of the recruitment difficulties, the repeated reminders, patience, wages and bonuses as issued. Later see W repeatedly do not change, the plot is bad, so people can not tolerate, finally dismissed him.

4. The pink jewelry box packaging factory terminated the labor contract with W.

According to Lin's complaint, the staff of the pink jewelry box packaging association drafted a letter of defense for him. The statement of defense describes w's work, the fact that he violated the factory discipline and rules, and proposes that the pink jewelry box packaging factory terminate the labor contract relationship with him, which is in line with the second paragraph of Article 39 of the Labor Contract Law. Therefore, the Labor Arbitration Department shall not support the "request" of w. 5.

5. The pink jewelry box packaging factory paid more than 6,000 yuan:

Although w's behavior has seriously violated the pink jewelry box packaging factory discipline, but due to the lack of signed labor contracts, according to the Labor Contract Law, the labor department still partially support the pink jewelry box packaging employee's request. After coordination, the printing pink jewelry box packaging factory finally paid more than 6,000 yuan, and the case came to an end.

6. Lessons to be learned by other pink jewelry box packaging printers

Through this case, there are several lessons that other pink jewelry box packaging printers should learn. First, we must sign labor contracts with employees, do not sign labor contracts, once pink jewelry box packaging employees complain, pink jewelry box packaging enterprises will be in a very passive position, may face double wages compensation; Second, wages can not be paid in general, should indicate how much the basic wage, how much overtime, try to pink jewelry box packaging employees to invest in social insurance, and how much overtime, as far as possible. pink jewelry box packaging employees cast social insurance, even if not insured, but also in the wages should be billed for a certain amount of insurance premiums. Because in the breach of contract wages and wages compensation for work-related injuries, are based on the basic salary, the higher the basic salary the more compensation.