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Laborer removes labor contract should inform choose and employ persons of the un
From;    Author:Stand originally

Brief introduction of details of a case:

Zhu Mou is the driver of some bazaar formerly, the labor contract that signed by a definite date 5 years with bazaar. During market works, his sureness agrees to work, won authority reputably. At the same time Zhu Mou natural disposition is just, hate evil as much as one hates an enemy, he informs against bazaar some is main chief has non-standard practice belong to the same organization in activity of purchase and sale by this after chief is witting, often hit by the retaliation of this person. Zhu Mou bear and forbear, later two people eventuate intense brawl. The Zhu Mou in brawl put forward not to work in bazaar. The result rises from the 2nd day of brawl happening, zhu Mou did not go to work, work at was being signed with one cab company one week later contract, became a taxi driver. A day, zhu Mou receives town labor dispute suddenly the appeal book carbon of arbitral committee. So some bazaar violates the agreement of labor contract with Zhu Mou do sth without authorization, cause a loss to unit of choose and employ persons for, ask its assume liability to pay compensation of break a contact, appeal to its to to labor controversy arbitrates committee. Via arbitrating committee is mediated, the loss compensation that Zhu Mou, some bazaar and cab company tripartite concern reached intercessory agreement, by Zhu Mou and rental company collective compensation concerns a loss.

Case analysis:

The core problem of this case is labor contract remove problem, mix as a result of unit of choose and employ persons in practice the circumstance differ in thousands ways of laborer, the cause that causes labor contract to remove each are not identical, plus the lack of knowledge of party labor law, caused labor contract to remove a few non-standard practices of the respect, lead to labor dispute finally.

Above all, what ought to emphasize is: " labor law " regulation " labor contract concludes lawfully have legal sanction namely, party must fulfil the obligation that labor contract sets. " once contract of labor of this that is to say is signed, had legal effectiveness, bilateral party also assumed certain right and obligation with respect to corresponding ground, below normal circumstance, both sides should fulfil these obligation out and out, till work till contract deadline at the expiration of one's term of office.

Next, what ought to explain is, labor contract can remove again, labor contract had legal sanction via signing, can be not changed and meaning labor contract remove. Appearing when the condition that law sets or the case that labor contract agrees, labor contract can be changed legally and remove. " labor law " the different situation that removes in the light of labor contract made a provision. Among them " labor law " the 24th regulation: "Talk things over via labor contract party consistent, labor contract can remove. " the right of bilateral party after labor contract removes and compulsory ability are stopped.
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