The Unit Infringes On The Rights And Interests Of Employees And Is Sentenced To Compensation For Rights Protection.

In order to protect the legitimate rights and interests of employers and employees, China's labor law and labor contract law clearly stipulate the responsibilities, rights and obligations of employers and workers respectively.

For example, the fiftieth article of the labor contract law clearly stipulates that "the employer should issue a proof of termination or termination of the labor contract when it terminates or terminates the labor contract, and pfers the files and social insurance relations to the laborers within fifteen days."

Yang refused to leave the staff.

Miss Yang has been obstructed during her job search again. For this reason, Ms. Yang filed a complaint at a former hotel chain to the court for compensation of more than 11 yuan.

Recently, the Beijing Miyun Court concluded the case and ordered the defendant hotel to issue a proof of resignation for Ms. Yang to compensate Miss Yang for her economic loss of 25 thousand yuan.

Ms. Yang was hired by a chain hotel in July 2009, and the two sides signed a labor contract for a period of 5 years.

Ms. Yang agreed to work in the country as a hotel service post in accordance with the company's needs.

According to the needs of the company, combined with Ms. Yang's ability or performance, she can change Ms. Yang's position or job and change her remuneration accordingly.

In July 8, 2013, Miss Yang was stationed in a store in Miyun as manager. In November 8th of the same year, Miss Yang was removed from the post.

However, three days later, the company informed Ms. Yang to go to Qigihar to prepare for the new store. Ms. Yang refused to accept it on the grounds of a leg injury. Later, the company again informed Ms. Yang of her work in Shanghai.

In December 9th, Ms. Yang applied for resignation.

In March 2014, Ms. Yang applied for employment to a company and was hired by the company. The company informed Ms. Yang that she was required to carry the original company's leave certificate and other materials at 2 p.m. on March 25, 2015.

Because Ms. Yang could not provide proof of departure, the company decided not to employ Ms. Yang.

Ms. Yang said she had asked the original unit several times to issue a certificate of resignation, but all of them were rejected.

To this end, Ms. Yang took the original unit to court and demanded compensation of more than 11 yuan.

In the trial, Ms. Yang submitted the job search company.

According to the proof, Ms. Yang has been hired by the company. The basic salary is 8000 yuan / month, because Ms. Yang can not provide proof of separation.

At the same time, Miss Yang issued a short message which was rejected by the original unit leader for leave of absence.

Ms. Yang's original unit believed that Ms. Yang was false after being hired by the company, but did not provide corresponding evidence.

The court heard that

Evidence should be provided for one's own claims. If no evidence or evidence is insufficient to prove the claims of the parties, the party who bears the burden of proof shall bear the adverse consequences.

If the employer fails to issue a written proof of the termination of the labor contract to the laborer and causes damage to the worker, it shall be liable for compensation.

In this case, the chain hotel did not require timely proof of resignation by Ms. Yang. It was responsible for Miss Yang's loss of job opportunities and the consequences of economic losses, and should be compensated. She decided that the chain hotel would issue a certificate of resignation for Ms. Yang, and compensate Ms. Yang for the economic loss of 25 thousand yuan, while rejecting Ms. Yang's other litigant claims.

In this case, Miss Yang has already terminated the labor contract with the hotel, so the hotel should issue a proof of resignation for Ms. Yang according to the law, and regardless of whether Ms. Yang's reason for leaving the office is established, and what kind of resentment she has before leaving the hotel, she must act according to the law.

Otherwise, it is illegal.

In this case, Miss Yang has been obstructed by her hotel refusal to leave the employment certificate and should be compensated for her reasonable loss.

The court judged the hotel to pay 25 thousand yuan, and the hotel was not at all unfair.