The women’s winning unit won a compensation of 28000

Recently, after Shenyang woman Xiaotian (pseudonym) resigned

Take the original unit to court

The final compensation was more than 28700 yuan

absolutely unexpected

The compensation prepared by the original unit for her

It’s two baskets of coins

The women’s winning unit won a compensation of 28000 units and gave 2 baskets of coins: it can’t be moved until it’s counted

Resignation after injury

She took her former unit to court

In September 2019, Xiaotian joined Qiyue food culture restaurant located in Nanjing North Street, Heping District, Shenyang.

“The first floor of their house is baking, and the upstairs is a restaurant. I started on the first floor, responsible for baking. ” Xiaotian introduction.

The two sides signed a probation contract for three months with a monthly salary of 2300 yuan. After the probation period expired, Xiaotian continued to work in the restaurant, but the two sides did not sign a formal labor contract.

On August 19, 2020, Xiaotian’s index finger was injured during baking operation.

“I was cut by a slicer and went to the hospital for four stitches. I have to operate this job by hand. After I get hurt, I can only take a vacation. I was treated in the Central Hospital Affiliated to Shenyang Medical College. I had stitches, stitches removed twice and rechecked. The hospital gave me sick leave until September 14. The medical expenses are paid by my unit. ” Xiaotian said.

On September 10, 2020, Xiaotian submitted the resignation application to the company.

“I don’t want to leave, but my unit told me that the vacation time was too long and I suspected that the vacation was untrue, so I had to be dismissed. So I applied for resignation. ” Xiaotian said.

After leaving his post, Xiaotian took Qiyue restaurant to court and asked the unit to pay more than 46000 yuan for double wage difference without signing labor contract, unpaid wage, medical insurance paid by himself during work, work delay fee for hand injury and nutrition fee.

The final judgment was more than 28700 yuan

Let the company withdraw cash

After hearing the case, the Shenyang Heping District Court held that according to the law, “if an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay twice the monthly salary to the worker.” In this case, the company should pay Xiaotian double difference salary from December 2019.

It is the legal obligation of the employer to pay insurance for employees. The insurance unit paid by Xiaotian himself should compensate. Therefore, the court ruled that the unit should compensate Xiaotian for unpaid wages, double differential wages and various expenses of medical insurance advanced by more than 28700 yuan.

Qiyue restaurant filed an appeal. On July 2 this year, Shenyang intermediate people’s court rejected the appeal of Qiyue restaurant and upheld the original judgment.

“After the judgment came into effect, the unit said that the boss’s account could not be used or transferred. It could only be given in cash and let me get it.” Xiaotian said.