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Content provided by : China Center for Labor and Environment
20 Oct 2009
Labor Contract Violations

Wang was fired in the probationary period, and was rejected his application for severance compensation for lifting the labor contract. The arbitration committee believes that according to the Labor Contract Law, employing units do not need to pay any severance compensation if they terminate the labor contracts in employees' probation period.

Mr. Shi has signed fixed-term labor contract for two times with the employer since Jan. 1, 2008. Upon expiration of the contract, he requested to sign a non-fixed term labor contract but the employer refused. Upon arbitration, Mr. Shi's request meets the provisions mentioned in Article 14 of the Labor Contract Law and the employer is required to sign a non-fixed term labor contract with him.

Liu has signed a five-year labor contract with the employer. He was approved to take a sick leave in Jan. 2009. During the medical treatment period, he applied for resignation and asked for severance compensation with that special period as an excuse. The employer refused his request. Liu applied for arbitration. The arbitration committee ruled that the enterprise needs not pay severance compensation for dissolving the labor contract since Liu applied for resignation and Liu's excuse of the 'medical treatment period' has no legal basis.


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