After the Liu Mou university that lives in Shanghai Pu Xi graduates, entered office on July 5, 1990 after some company, hold the post of business assistant manager old, both sides does not have the labor contract of fixed deadline at was being signed on January 1, 2005, the contract agrees monthly wages is 4800 yuan. On July 1, 2007, the company informs Liu Mou wants to remove with him labor contract, after Liu Mou receives this announcement, agree to remove contract, reach at dealing with the job to have sex with the company on August 5, 2007 leave one's post settle accounts formalities. Both sides leaves his post in employee affirm on settle accounts watch: Time of Liu Mou that enter office is on July 5, 1990, compensation gold reachs the economy that the company agrees to pay Liu Mou to be equivalent to 12 monthly wages with 4285 yuan standard to did not inform ahead of schedule remove the generation of a monthly wages of labor contract informs gold. Liu Mou leaves his post in this made clear in settle accounts watch " oneself are approbated to above calculation method without by accident " . But Liu Mou with the company on August 8, 2007 not full specified amount pays remove for the economic compensation gold of labor contract, arbitrate to labor dispute of place committee appeal, the length of service according to 17 years and before leaving one's post 12 requirement company average wage of the month pay economy 5219 yuan to compensate gold and gold of additional economy compensation for business accounting base.

Arbitral result

Arbitral on September 4, 2007 front courtyard hears this case publicly, the average wage that finds out before Liu Mou leaves his post 12 months is 5219 yuan truly, satisfy adjudication company with monthly wages 5219 yuan standard, complemental Liu Mou removes the additional economy of 50% compensates the part of balance of economic compensation gold of labor contract and this balance gold, add up to 16812 yuan, but the request that asks to Liu Mou the company pays 17 menstruation aid to compensate gold did not grant to support.

The expert is commented on

Focus one: Whether should the company pay economy to compensate gold according to real work fixed number of year of Liu Mou?

Basis " rules of Shanghai labor contract " set the 29th times with 42: Unit of choose and employ persons puts forward to talk things over remove labor contract reachs unanimous opinion via both sides, labor contract can remove, unit of choose and employ persons should pay laborer not to exceed the wage income of 12 months, but party agreement exceeds 12 months, agree from its. The 45th returns a regulation: The average wage income of before wage income removes by laborer or terminating labor contract 12 months is calculated. Both sides of the party in this case is dealt with leave one's post formalities time is not in leave one's post the time entering office that Liu Mou makes clear in the watch is reached on July 5, 1990 " oneself are not had to above calculation method by accident " model of written characters. The time that can count company self-identity to removed to be in a company to work for Liu Mou that day to labor contract on July 5, 1990 on one hand paragraph, can regard bilateral labor as the contract on the other hand removing is put forward by the company, classics both sides talks things over agree to remove. But do not have special agreement because of Liu Mou and company, so economic compensation gold should be pressed highest the monthly wages compensation that does not exceed 12 months. The view that reason Liu some requirement pays economy to compensate gold according to real length of service cannot get supportive.
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