Resignation after working for 8 days and claiming millions from the company? Court ruling: Unreasonable request! Li | Company | Court

Release time:Apr 14, 2024 07:17 AM

I voluntarily resigned after working for 8 days,

Still claiming millions from the company?!

How does the court rule?

Let's take a look together!

Event Review

Li is an employee of Chengdu Yiyun Transportation Company. When he joined, the company agreed with him a monthly salary of 4000 yuan and provided accommodation.

After only working for 8 days after joining, Li had a disagreement with the company on the grounds of poor living conditions and the company's refusal to advance living expenses, and submitted his resignation. The company settled a salary of 600 yuan with him.

Li was dissatisfied with the salary paid by the company and applied for arbitration, which was not accepted by the arbitration commission.

Li sued the court again, demanding that the company:

1. Pay a monthly salary of 4000 yuan;

2. Pay economic compensation of 2000 yuan;

3. Pay compensation of 2000 yuan;

4. Pay an additional compensation of 8183.3 yuan;

5. Pay unemployment compensation of 1 million yuan.

The total amount above is 1016183.3 yuan.

Legal judgment: Unreasonable request!

Attempting to get something for nothing

First instance court

After trial, the first instance court ruled that the company should pay a total of 1369.45 yuan for 8 days of work and overtime pay, and rejected Li's other litigation requests.

Li is dissatisfied and has filed an appeal.

court of second instance

Regarding the monthly salary of 4000 yuan

Salary is the monetary compensation paid by an employer to an employee for their labor. The prerequisite for an employee to receive salary is that they must pay the corresponding labor. Monthly salary is only a regulation of the employer's salary payment cycle, and does not mean that an employee can receive a full month's salary without providing or only providing partial labor in a salary payment cycle. Li worked in the company for 8 days, and the original court calculated his salary based on his actual working days, which is legally justified. Li's demand for a full month's salary after working for 8 days was an unreasonable demand, and this court does not support it.

Regarding economic compensation of 2000 yuan

Due to company reasons, the contract signed by both parties is invalid. Employees can terminate the labor contract and demand payment of economic compensation. However, Li has only worked in the company for 8 days, and both parties have not yet signed a labor contract. Li has also not provided evidence to prove that the company has used fraud, coercion, or taking advantage of others to enter into or modify labor contracts contrary to their true intentions. Therefore, his appeal for economic compensation is not supported by this court.

Regarding compensation of 2000 yuan

The condition for employers to pay compensation is that the employer illegally terminates or terminates the labor contract. After the establishment of the labor relationship between the two parties, it was Li who resigned on his own, citing poor living conditions and the company's failure to advance living expenses. His claim of poor living conditions was due to poor food, and he worked for 8 days without reaching a salary payment cycle. The company did not illegally terminate or terminate the labor contract. The appeal reason for Li's demand for compensation is not supported by this court.

Regarding the additional compensation of 8183.3 yuan

Article 85 of the Labor Contract Law: "If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay, or economic compensation within a specified time limit; if the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; if it fails to pay within the specified time limit, the employer shall be ordered to pay compensation to the employee at a rate of 50% to 100% of the payable amount:"

Failure to timely and fully pay labor remuneration to workers in accordance with the provisions of the labor contract or national regulations;

Paying wages to workers below the local minimum wage standard;

Arranging overtime without paying overtime pay;

Termination or termination of labor contract without paying economic compensation to the employee in accordance with this regulation

As mentioned earlier, the company does not have the above-mentioned legal provisions, and the appeal reason for Li's claim to pay compensation based on this is not supported by this court.

Regarding unemployment compensation of 1 million yuan

Firstly, unemployment refers to a situation where a person is willing and capable of working for compensation, but has not yet found a job. Li resigned from the company after only 8 days of work, citing poor living conditions and failure to advance living expenses. His lack of work was due to personal reasons, rather than unemployment caused by the employer or society.

Secondly, when Li resigned, he was only 49 years old, with 11 years left until the statutory retirement age. He was young and strong, without physical or intellectual disabilities. He could fully earn a living by working hard to support himself and his family. Li did not actively prepare for seeking new employment opportunities, but instead demanded that his employer, who had only worked for 8 days, pay him a salary of up to 1 million yuan as so-called unemployment compensation that he could imagine earning without further labor until he retired at the age of 65.

Labor is not only a citizen's right but also an obligation, and rejecting labor itself is also an illegal act. Li refused to work and demanded compensation, attempting to get something for nothing. Therefore, Li's unreasonable request without any factual or legal basis was rejected by this court in accordance with the law.

In summary, the first instance judgment clearly identifies the facts, applies the law correctly, and should be upheld in accordance with the law. The second instance decision rejected the appeal and upheld the original verdict.

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