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王某与某私营企业签订了为期一年的劳动合同,合同期自1999年4月1日起至2000年3月31日止,合同约定王某每月工资为1500元。2000年3月合同期满后双方未续签劳动合同,王某又在该企业工作到2000年7月。因工作需要企业进行人员调整,企业提出与其终止劳动关系,王某同意与企业解除劳动合同,至此王某已在企业连续工作了一年零三个多月。王某要求企业支付两个月的解除劳动合同经济补偿金。但企业认为只与王某签订了一年的劳动合同,因而只同意支付王某一个月的经济补偿金。王某不服,诉至莱山区劳动争议仲裁委员会。劳动争议仲裁委员会在了解案情的基础上,向企业宣传了国家有关经济补偿金发放的法律法规,经劳动仲裁委员会的调解,企业同意支付给职工两个月的经济补偿金?这起因发放经济补偿金的年限问题而引发的劳动争议案件争论的焦点是,依照国家有关劳动政策规定,企业与职工协商解除劳动合同时,按职工本人在企业的工作年限计算发放经济补偿金,每满一年发一个月的经济补偿金。王某在该单位工作仅一年零三个月,不到两年的工作时间,怎么能发放两个月的经济补偿金呢?但结合该案件王某的工作时间,依据有关的文件规定,企业应支付王某两个月的经济补偿金,理由如下:
Wang and a private enterprise signed a one-year labor contract, the contract period from April 1, 1999 until March 31, 2000, the contract Wang monthly wage of 1,500 yuan. After the contract expired in March 2000, the two sides did not renew the labor contract, and Wang was working in the enterprise until July 2000. Due to the need for business personnel to adjust the work, the company proposed termination of labor relations with them, Wang agreed to terminate the labor contract with the enterprise, thus Wang has been in business for more than a year and a half more than a month. Wang asked enterprises to pay two months to terminate the labor contract financial compensation. However, the company concluded that only signed a one-year labor contract with Wang, and therefore only agreed to pay Wang one month's financial compensation. Wang refused to accept the complaint to the Labor Dispute Arbitration Commission of Laishan District. The labor dispute arbitration commission, on the basis of understanding of the case, publicized to the enterprise the laws and regulations on the payment of economic compensation. After the mediation of the labor arbitration commission, the enterprise agrees to pay the employees two months' financial compensation, which is caused by the payment of economic compensation The focus of the controversy over labor disputes arising from the limitation on the number of years of gold is that, in accordance with the provisions of the state on labor policies, enterprises and their employees shall, when negotiating the termination of a labor contract, make an economic compensation payment according to the number of years their employees work in the enterprise. One month's financial compensation. Wang, working in the unit only one year and three months, less than two years of working time, how can be paid two months of economic compensation? But with the case of Wang's working hours, according to the relevant documents, Enterprises should pay Wang two months of financial compensation for the following reasons: