Exemption From Duties Does Not Mean Breaking Labor Relations.

Liu Wei was hired by a real estate company as a sales manager at the beginning of last year, but the two sides did not sign a labor contract.

In October 24, 2014, the board of directors of the company passed a comprehensive evaluation of Liu Wei's work ability and performance. He thought Liu Wei was no longer suitable for the position of sales manager, so he decided to remove his position as a sales manager.

Since then, the company has not arranged for Liu Wei to work separately, nor has Liu Wei ever returned to work. The company has not paid remuneration to him.

Does Liu Wei want to know that relieving his job means relieving labor relations?

Chen Xiantao, lawyer of Wanjia law firm in Liaoning, believes that after the appointment of Liu Wei by the board of directors of the board of directors, the two sides established labor relations. The board of directors, on behalf of the company, exercised its functions and powers, and decided to cancel Liu Wei's sales duties.

But the act of dismissal is only a fact.

In the process of performance, the parties concerned should change their jobs.

The law stipulates whether it is necessary to arrange for other jobs or to formally leave.

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Near the end of the year, Zhang was prepared to quit job because he was dissatisfied with the salary of A unit.

Not long ago, the boss of B promised to accept him with high salary.

On the day of receiving the promise, Zhang drafted his resignation application and sent it to the company.

The company leader retained, but Zhang was resolute.

When the leader of A company has arranged for someone to take over the job of Zhang, when Zhang leaves the formalities for departure, B suddenly comes to the news that the intention agreement has been cancelled.

Zhang wanted to stay in the A company for thirty days because he had the right to withdraw his application.

Zhang wants to apply for arbitration to the labor department. Can the arbitration agency support Zhang's request?

The thirtieth clause of the labor contract law stipulates the termination of a labor contract by a worker's unilateral notice: "the worker can notify the employing unit in writing thirty days ahead of time, and may terminate the labor contract".

This provision gives laborers the right to resign. This power is a "right to form", without the commitment of the employer, and it will take legal effect after it is delivered to the employer.

If the applicant fails to receive a written reply from the enterprise, and if the employer fails to start the process of resignation, if the worker proposes to cancel the resignation in writing, the resignation of the worker can be cancelled after the employer agrees.

But in this case, Zhang's application has been submitted. The employer has accepted Zhang's application and arranged for someone to take over Zhang's work. The employer does not agree. Zhang's application can not be withdrawn or revoked.