"Go" the personnel dispute arbitration law consulting

* * *China###The cause of the preparation of staff,1996Years of units have been assigned to other company in the position, because the company is not normal opening,2002After returning to the newspaper, the newspaper didn't work, no payment of wages and pay social security.* * *A unit is responsible for the relevant people to understand the situation, the person in charge of the unit has been said and so on to solve. Recently once again looking for leadership, the new leaders to come up with a "about* **Decision "Comrade treatment automatic turnover service description, the description is displayed:China##The newspaper in the early2002Years11Month7Day on* * *The automatic turnover treatment decision, notify the decision letter by registered mail* * *Father to apply for file transfer procedures.* *Now I know, he has been removed from the unit, he found Shen lawyers asked him about this, how should do?

Shen Binti lawyers:

1Personnel, can apply for arbitration, the application process by"Labor dispute mediation and Arbitration Law".According to the "on the implementation of<The labor law of the people's Republic of China>The views of a number of issues "article3And the "labor contract law" second paragraph second, workers and institutions and establishment of labor contract, and, performance, modification, rescission or termination of the labor contract, shall apply to the two laws. According to the "labor dispute mediation and Arbitration Law"The provisions of article second, for the removal, dismissal and resignation, termination disputes, labor dispute arbitration law "applicable".China###Newspaper officeAnd* **BetweenThe personnel dispute, which belongs to the institution about termination disputes between its employees.

2Now, given your hand no more evidence of material, on the1996Units sentYouTo other company,2002Years after the return to the newspaper office and not to arrange work, you are unable to prove, you can break through from the newspaper's "voluntary" on treatment decision. According to the "instructions" that the newspaper was not your address, how also sent your father? Post your father unit or at home? The newspaper said the letter was returned, we can ask the issued by the evidence, and advocates the newspaper not inform you, you did not get the opportunity to defend himself, asked to confirm the between the two sides has not terminate the labor relationship.

Reason: according to1995Annual "Beijing City Labor Bureau on Forwarding the Ministry of labour<Notice to unit and the employee who fails to return to work or to deal with the problem on automatic turnover through the news media>"The notice4The provisions of Frence leave, employees should according to "notice to unit and the employee who fails to return in accordance with the provisions of automatic turnover or have to deal with the problem of reply" in the procedures through the news media. That isEnterprises should first inform the employees within the specified time the unit returned to the scene and go through the relevant formalities,The staff should follow the principle of responsibility, direct in writingService staffI am not in;, to live adult relatives. Direct service is difficult to service by mail, the date of receipt of registered queries to indicate receipt of service shall be the date of service. Only in the service workers One's whereabouts is a mystery., or use the service could not be delivered to the case, can be served by public announcement, the announcement or notice posted by news media. The date of the public announcement, after thirty days, the document shall be deemed to.On this basis, the enterprise shall be in accordance with the relevant provisions of the automatic separation process. The newspaper made automatic turnover treatment did not in accordance with statutory procedures for you, so that in the2002Has been done to you automatically leave treatment decisions we think it has no legal effect.

----------------------------------------------------

The author of this article: Beijing labor law lawyer Shen Binti (reprint please indicate the original author, rights reserved) 

Office address: Beijing Chaowai StreetNo. 26 MEN Finance & Trade Center building B block, 8 layer of Beijing city law firm tannins              

Electronic mailbox:Shenbinti@yahoo.com.cn

Contact telephone number:1530-111-5671