Whether The Courier Can Walk Away Is A Hot Topic.

When we see the craziness of shopping, see the mountain express, see the appearance of the courier's delivery day and night, will we ask a question: "since there are so many business and every courier is so busy, why does the courier company not recruit more employees?"

According to the thirty-seventh provision of the labor contract law, "the worker can terminate the labor contract by writing the notice to the employer in thirty days ahead of time.

The employer can notify the employing unit three days in advance of the probation period, and may terminate the labor contract. "

Therefore, the courier can not walk away.

If there is a need to resign, a statutory 30 day notice obligation is required.

After signing labor contracts, both sides should abide by the spirit of contract and fulfill the labor contract in a comprehensive manner.

Just imagine, when the busiest business, the courier said go away, and the courier companies are unable to recruit people to replace them, which will cause much loss to the express company and the recipients.

According to the ninetieth provision of the labor contract law, "if a worker breaks the labor contract in violation of this law, or violates the confidentiality obligation stipulated in the labor contract or the competition restriction, he shall be liable for damages if he causes losses to the employing unit."

Therefore, if the courier company loses the losses caused by the workers, it can ask the courier to bear the liability of compensation.

Of course, if the courier company fails to provide labor protection or labor conditions in accordance with the labor contract, the courier can immediately terminate the labor contract and go away.

Q: if the express backlog causes the loss of the enterprise, will the courier bear the liability of compensation?

Answer: there are two parts to answer this question.

If the backlog of express is due to the sharp increase in business volume, this is the management problem of the express company itself.

Failing to make corresponding plans for the sudden increase of business volume has caused insufficient manpower.

Or the design of workflow is unreasonable, resulting in inefficiency.

These are the responsibilities of the express company, which can not pfer the company's operational risk to the workers.

However, if the courier breaks the labor contract illegally, it will lead to the backlog of express delivery companies.

The courier company can recover the loss from the customer after it has compensated the customer.

However, the courier company requires the courier to assume the limitation of liability.

The twenty-second provision of the "method of payment for wages of enterprises in Shanghai" stipulates: "the workers cause economic losses to the units due to their own causes, and the employer's compensation according to law, and the deduction from the wages shall be deducted from the wages. The part deducted shall not exceed 20% of the workers' monthly wages, and the residual wages after deduction shall not be lower than the minimum wage stipulated by the municipality."

Q: if the work is bad, how will the express guard protect himself?

Answer: the work of the courier is really hard. In order to enable customers to receive express delivery as soon as possible, no matter whether it is windy or rainy, they are sent out on the outside.

But it is precisely because of the particularity of the post, it is understood that many express companies have applied for the irregular work system for the courier, and the courier generally implemented piece rate wages.

As a courier, we should work hard to satisfy basic physiological needs such as eating and rest.

As a courier company, we should also take into account the staff's body.

Reasonable arrangement of workload.

If employees encounter bad working conditions, there are many options to protect themselves.

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It may choose to complain to the labor supervision department, reflect the situation to the trade union department, seek legal aid, apply for labor arbitration, and bring a lawsuit to the court.

Of course, according to the thirty-eighth provision of the labor contract law, "the employer may rescind the labor contract in one of the following circumstances: (1) failure to provide labor protection in accordance with the labor contract or

(two) not paying labor remuneration in time and in full; (three) failing to pay the social insurance premium for workers in accordance with the law; (four) the rules and regulations of the employing units violate the provisions of laws and regulations, and impair the rights and interests of the laborers; (five) the employment contract is invalid because of the circumstances stipulated in the first paragraph of article twenty-sixth of this law; (six) other circumstances in which the workers can rescind the labor contract by law or administrative regulations.

Workers can also choose to vote with their feet and leave the express company immediately.