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案情介绍:1998年5月11日,王先生与公司(国有企业)签订了为期2年的劳动合同,该劳动合同对王先生的职位(工种)未作约定。王先生先后任该公司广告业务员、财务出纳员。合同期满后,双方未再续订劳动合同,但是,王先生仍在该公司工作,并于2001年2月升任财务部副经理。2001年6月,公司在财务检查中发现了王先生数次违反财务规定越权审批支出资金,于是,公司经理直接通知财务部扣发了其当月工资1000元,并于2001年7月5日作出了撤销职务,调换工作岗位的决定。王先生对其工资被扣不知缘故,认为公司无故扣发了其工资,深感气愤。2001年7月6日,王先生收到撤职及调岗通知书后,对相关事实的认定及处理决定更是难以接受,当即向公司经理提出“你开除我吧”,并要求公司为其出具解除劳动关系证明。公司认为,对王先生作出的处罚仅仅是想起到教育的作用,无意与之解除劳动关系。因此,对于王先生的要求明确答复“不同意”。随即,王先生不再到公司上班,并于2001年9月3日向当地劳动争议仲裁委员会申请仲裁。其仲裁请求为:(1)退还被无故克扣的工资1000元,并给付相当于扣发工资25%的经济补偿金;(2)解除双方的劳动关系,并给付3个月工资的经济补?
Brief introduction of the case: On May 11, 1998, Mr. Wang signed a two-year labor contract with the company (state-owned enterprise), and the labor contract did not stipulate Mr. Wang’s position (type of work). Mr. Wang has served as advertising company clerk, financial teller. After the expiration of the contract, both parties did not renew the labor contract, however, Mr. Wang still worked for the company and was promoted to the deputy manager of the finance department in February 2001. In June 2001, during the financial inspection, the Company found that Mr. Wang violated the financial provisions by violating the financial provisions to approve expenditures for funds. As a result, the manager of the company immediately notified the Ministry of Finance to deduct the monthly salary of 1,000 yuan and made it on July 5, 2001 Cancel the job, the exchange of jobs decision. Mr. Wang was unaware of the deduction of his salary and felt that the company had deducted his salary for no reason and was deeply indignant. July 6, 2001, Mr. Wang received the removal and post adjustment notice, the relevant facts of the recognition and decision is even more unacceptable to the company manager immediately put forward “you expelled me,” and asked the company issued for its release Labor relations certificate. The company believes that the punishment imposed on Mr. Wang only remembers the role of education and does not intend to terminate the labor relationship. Therefore, for Wang’s request explicitly reply “do not agree.” Immediately, Mr. Wang no longer go to work in the company, and in September 3, 2001 to the local Labor Dispute Arbitration Commission for arbitration. The arbitration request is as follows: (1) refund the amount of 1,000 yuan without any deduction and pay the economic compensation equivalent to 25% of the wage deduction; (2) terminate the labor relationship and pay the economic compensation of 3 months’ salary