论文部分内容阅读
用人单位与职工之间以劳动合同来确立、解除劳动关系,已为众多单位和职工所熟知并自觉遵守,劳动合同已经成为维护用人单位和职工合法权益的强有力保证。但是,在实际工作中,要想准确运用法律法规,合理维护自身权益,真正做到依法办事,并非易事。任何一方对某个问题、某项条款领会不准,就会出现劳动争议,笔者在实际工作中就遇到了这样一个问题:职工在合同期内向单位提出辞职,单位经研究同意了他的申请并依法与其解除了劳动关系。但职工随后提出,单位应支付其经济补偿金,否则,就诉诸法律。并扬言,单位败诉的概率100%。其理由是:《劳动法》第二十八条规定“用人单位依据本法第二十四条、第二十六条、第二十七条的规定解除劳动合同
Employers and workers to establish a labor contract to terminate the labor relationship, for many units and workers are well aware of and consciously abide by, labor contracts have become the employer and employers to safeguard the legitimate rights and interests of the strong guarantee. However, in practical work, it is not easy to accurately apply laws and regulations, properly safeguard their own rights and interests, and truly act in accordance with the law. Any one party to a problem, a clause not allowed to understand, there will be labor disputes, the author encountered in the actual work of such a problem: workers in the contract period to the unit to resign, the unit after the study agreed to his application and According to law with the lifting of the labor relations. However, workers later proposed that the unit should pay its economic compensation, otherwise it will resort to the law. And threatened, the probability of losing the unit 100%. The reason is: Article 28 of the Labor Law stipulates that ”the employer shall terminate the labor contract in accordance with the provisions of Article 24, Article 26 and Article 27 of this Law