Source: Litchi Network
In recent years, various reasons for resignation, such as "the world is so big, I want to go and see", have exploded on social media, especially some young people are still more casual about resignation. According to the provisions of the Labor Contract Law, employees need to notify the employer in advance of their resignation. However, if the employer wants to terminate the labor relationship with the employee, it cannot be too willful. In a labor contract dispute case concluded by the People's Court of Qinhuai District of Nanjing City, the employer was sentenced to 510,000 yuan in compensation for the improper handling of the dismissal of the employee.
Zhang mou is an employee of a hotel chain in Nanjing, a long-term down-to-earth work, and was promoted to sales director in 2018. Just when Zhang's career was booming, he suddenly submitted a "resignation application" to the unit in September 2019, saying that he wanted to leave his job for personal reasons. The hotel did not make any reply to this, and also gave Zhang a salary increase and adjusted to a new post. In February last year, Zhang was informed by the unit that he agreed to his previous resignation application and asked him to go through the resignation procedures as soon as possible. Zhang Mou had previously given up his resignation, so he negotiated with the hotel leaders, and the two sides had a large disagreement, so Zhang filed a paper complaint against the hotel in court, demanding compensation for the loss of the illegal termination of the labor contract.
Judge Wang Xiaodi of the Qinhuai District People's Court of Nanjing City introduced, "Although the plaintiff had previously proposed to leave the company, according to the provisions of the Labor Contract Law, the employee's resignation was replied to as an employer within one month, and the defendant unit did not have any reply within a month, on the contrary, after one month, he rearranged the position and appointment of the plaintiff, and the salary and bonus were newly paid and arranged, and in the plaintiff's view, he continued to retain him."
Zhang accepted the hotel's arrangement, no longer mentioned the resignation, and continued to work in the new position, which shows that the two sides reached an agreement to continue to perform the labor contract at that time. In the absence of any statutory termination of the labor contract, the hotel suspended Zhang's social security and salary, and appointed others to replace Zhang's job, constituting an illegal termination of the labor contract. Wang Xiaodi, a judge of the Qinhuai District People's Court of Nanjing City, introduced, "If the unit is illegally discharged, the unit must bear the responsibility for economic compensation, calculated according to the laborer's working years, and compensate for one month for each full year, which is economic compensation, and the illegal termination compensation is to double the economic compensation."
Accordingly, the court of first instance ordered the hotel to compensate Zhang for more than 510,000 yuan. The hotel was not satisfied and appealed, and the Nanjing Intermediate People's Court upheld the original judgment.