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The resignation inside probation should recoup unit loss possibly also
From;    Author:Stand originally

  Details of a case answers put: Employee abdication, the unit ate be unable to speak out about one's grievances

Reach the clouds was applied for in October 2003 enter a production company, with the labor contract that the company signed by a definite date 5 years, agreed the probation of 6 months. In December 2003, this company produces tasted manufacturing quality to rise, the decision introduces facilities of a new-style treatment from Japan, at the same time group staff goes Japan accepting by a definite date the technology of 3 months grooms. Reach the clouds feels fortunately, he by pitch on.

Before going abroad, company and reach the clouds signed " groom agreement " , conventional reach the clouds is grooming after the end, must serve 5 years for the enterprise. It is inside service period, reach the clouds and company remove labor contract, must groom to industry compensation charge 50 thousand yuan, reach the clouds is actual serve time every can decrease successively one year completely groom cost 20% .

Feburary 2004, reach the clouds is finished groom return a company, of responsible new facility move. But a foreign enterprise finds reach the clouds through hunt head firm, express to give high pay to invite him formerly. Although company leader is persuaded to stay again and again, but go meaning already definitely reach the clouds still resigned, state oneself put forward to resign be good law sets inside probation. Company leader sees the thing already cannot be redeemed, be about reach the clouds is pressed " groom agreement " reimburse a company groom cost. But reach the clouds thinks to he is compensated for without reason and refuse.

But under the company arbitrates to area labor dispute committee offers arbitral application, compensation of requirement reach the clouds grooms cost. But the request that arbitrates the adjudication of committee did not back a company.

   Legal principle analysis: Inside probation, employee can resign at any time

This is the labor dispute that one origin laborer resigns inside probation and causes. " labor law " the 21st regulation: "Labor contract can agree probation. Probation is the longest must not exceed 6 months. " basis " labor law " thirtieth sets 2 times, inside probation laborer can inform choose and employ persons the unit removes at any time labor contract. The agreement of company and reach the clouds about probation is lawful, significant.

Additional, company and reach the clouds still agreed service period, the special treatment that because accept unit of choose and employ persons to give,service period is laborer and the deadline that acceptance must be unit of choose and employ persons to serve. Labor contract party can is opposite by unit of choose and employ persons contributive action is used, the laborer agreement that groom or provides other and special treatment serves period. The production company is contributive send reach the clouds to groom abroad, the service of bilateral agreement period also be lawful, effective. Service period clause is not the necessary clause of labor contract, but the accessory that once agree,is labor contract. To this deadline, laborer is euqally accountability fulfill seriously.
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