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刘新刚系光明制药企业集团的内退老职工。2004年1月,他与企业双方签订了内退协议。协议中明确,由于刘新刚年龄较大,单位对其实行内部退养,单位每月发生活费450元。2006年11月,单位进行改制,经协商,单位欲与他解除劳动合同并支付其经济补偿金。对此,刘新刚表示同意,但在计算经济补偿金时,双方出现了分歧。用人单位按其生活费标准支付,申诉人要求单位按企业的平均工资计算,双方为此争执不下。最后单位明确表态,这个决定是厂领导班子集体研究决定的,不能改变。刘新刚则无奈,只好将所在单位告上仲裁庭。
Liu Xingang Department of Guangming Pharmaceutical Enterprise Group within the retirees of workers. In January 2004, he signed an agreement with both sides of the enterprise. The agreement made it clear that as Liu Xingang was older, the unit implemented an internal retirement and the unit incurred a living fee of 450 yuan per month. In November 2006, the unit undertakes restructuring. Upon negotiation, the unit wants to terminate the labor contract with him and pay the economic compensation. In this regard, Liu Xingang agreed, but in calculating the economic compensation, the two sides had differences. The employer shall pay according to the standard of living expenses, and the claimant shall request the unit to calculate according to the average wage of the enterprise, and the two parties can not dispute this. The last unit made it clear that this decision is determined by the collective leadership of the factory leadership and can not be changed. Liu Xingang was frustrated, had to sue the unit where the arbitration tribunal.