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类型一:申诉对象有误职工小张因解除劳动合同支付经济补偿金与企业发生争议诉至劳动争议仲裁委员会。仲裁中,小张出示了劳动合同书,但该单位马上提出反驳,他们认为劳动合同上的甲方并非被申诉人。因此小张只好撤回原来的申诉,不得不重新变更被诉人。评析:首先,案例中职工的请求在仲裁委还没有对争议进行审理前,其请求没有得到支持,这是因为该职工没有找准被诉对象。依据《劳动法》的规定,劳动合同是劳动者与用人单位确立劳动关系、明确双方权利义务的协议。解除劳动合同应该也是做出解除决定的一方
Type one: the complaint object is wrong Employee Zhang Zhang due to terminate the labor contract to pay economic compensation and business dispute to the labor dispute arbitration committee. In the arbitration, Zhang showed his labor contract, but the unit promptly rebutted that they believed Party A in the labor contract was not the respondent. Therefore, Zhang had to withdraw the original appeal, had to be changed again the respondent. Comment: Firstly, the request of employees in the case was not supported until the Arbitration Commission had not heard the dispute. This was because the worker did not find the target. According to the provisions of the “Labor Law”, a labor contract is an agreement between an employee and an employer to establish a labor relationship and clarify the rights and obligations of both parties. The termination of a labor contract should also be the party that made the decision to dissolve it