The Wang Mou that in Yantai developing zone some leather limited company works, at the labor contract that with this the company signed by a definite date 8 years 2002. Contract provision: "Both sides must fulfil a contract strictly, any one party violate the regulation of this contract, cause pecuniary loss to the other side, answer to concern a regulation to give the other side compensation by country and province. Answer to concern a regulation to give the other side compensation by country and province..
In June 2004, wang Mou puts forward abdication to apply for to the company with written or oral form early or late, be not expired with the contract by the company for refuse. In September 2004, wang Mou reports written abdication to mail sends this the company with the form of postal express delivery again, the requirement removes labor contract.
After a month, wang Mou leaves a company, did not go to work again. The company also did not grant to deal with both sides to remove all the time the relevant formalities of labor contract. Later, wang Mou arbitrates in dispute of Yantai development labor committee applies for the arbitration, the requirement removes lawfully labor contract, deal with relevant formalities. The company puts forward countercharge at the same time, ask Wang Mou presses what bilateral labor contract agrees to leave his post about do sth without authorization penalty due to breach of contract compensates for a standard, pay accuser penalty due to breach of contract 34650 yuan. Later, the company leaves his post with Wang Mou do sth without authorization for, appeal to its to to forensic requirement its compensate for penalty due to breach of contract again.
The court thinks: According to concerned regulation, laborer removes labor contract, ought to shift to an earlier date 30 days to inform choose and employ persons of the unit with written form. Wang Mou already shifted to an earlier date 30 days by the regulation written put forward to remove labor contract, inform with express delivery form again after (the receipt of postal express delivery that Wang Mou offers, the abdication requisition that confirms this company received Wang Mou at that time) , accord with the relevant provision of labor law law and code, do not belong to do sth without authorization to leave one's post.
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