Unpaid Social Security Hairdresser Resigns The Unit To Pay Economic Compensation 20 Thousand

Yang Haofeng, 27, was a Cantonese who went to Beijing for a few years of hairdressing.

In early 2009, he was hired as a hairdresser by Lok Mei hair center, and then promoted to technical director. He left in October 2014.

Soon, he applied for arbitration to the Arbitration Commission, requiring the original unit to pay the economic compensation for the rescission of the labor contract.

After receiving the notice of acceptance of arbitration, the manager of the hairdressing center did not understand: "Yang Haofeng's own initiative to resign is not our dismissal. How can we ask the unit to give him the economic compensation for cancelling the contract?"

Yang Haofeng said: "the unit does not pay me the social security fee. I have mentioned several times that they disagree, which is related to my major retirement problems, so I resigned."

Zhu said, "when we sign a labor contract, we intend to pay him social security, but he says that he has insurance in his hometown, and there are difficulties in the docking of social security. He voluntarily gives up, so the unit gives him a certain insurance allowance every month.

In addition, he resigned from his job before he resigned, and now works in a beauty salon. Now he claims a malicious lawsuit.

Speaking, Zhu manager took out an application form written by Yang Haofeng, which read: "before entering the music purple Hairdressing Center, the social insurance has been paid at the place where the residence is registered, and the decision is continued to be paid locally.

Yang Haofeng did not recognize this. He said voluntary surrender of social security was false. The application form was a unit to cope with the virtual labor supervision department.

What did not happen to Zhu's manager was that after hearing the arbitration, the purple music Hairdressing Center awarded Yang Haofeng an economic compensation fee of 20 thousand yuan for the rescission of the labor contract.

In this case

The reason for this is the focus of debate between the two sides.

The unit is the personal reasons for the employees.

And Yang Haofeng said it was forced to resign because the unit failed to pay social security.

Supreme People's Court on trial

The thirteenth provision of the interpretation of several issues applicable to the law stipulates that the employer shall bear the burden of proof because of the labor dispute arising from the decision of the employer to expel, remove, dismiss, rescind the labor contract, reduce labor remuneration, and calculate the working life of the worker.

Although the arbitration office tried to pay the social insurance compensation to Yang Haofeng according to its application, the unit failed to provide evidence to prove this point.

According to Yang Haofeng's dissolution of labor contract and service enquiry sheet, it should be regarded as the reason for Yang Haofeng to cancel the labor contract on the ground of not paying the social security fee to the unit, and the unit has signed it on the next day, which is in conformity with the provisions stipulated in the thirty-eighth article of the labor contract law that the employer fails to pay the social insurance premium for the worker in accordance with the law, so the Le Zi Hairdressing Center should pay the economic compensation for the rescission of the labor contract in January 1, 2008 according to Yang Haofeng's working life in the unit.

It is necessary to remind the unit that it is the legal obligation of employers to pay social insurance for employees. Even if the workers fail to apply for payment, the unit should not avoid paying the responsibility. Otherwise, once it is verified, it will not only pay for the workers but also be punished by the relevant departments.