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编辑同志: 眼下,职工调动的势头一浪高过一浪。据统计,今年上半年文登市职工调动人员达一千多人,这走马灯似的调进调出,对人才的合理流动确实起到了一定的作用,但由此引发的劳动争议案也在不断上升。从目前情况来看,由于职工调动引发劳动争议的主要原因是企业以职工先缴回养老保险金为前提条件,然后才给予办理手续。为了得到那一纸调令。这些职工便不谋而合地采取了一致行动,先交钱办手续,后到仲裁办申诉。之所以出现这类争议案,根本原因在于企业对上级政策法规理解上有偏差。《山东省关于<国营企业实行劳动合同制暂行规定>实施细则》第五条明确规定:“合同制工人在合同期内擅自离职的,扣销其离职前合同期回缴纳的退休养老基金。”这里应该注意以下几点,其一:“扣销养老保险”必须以合同制工人在合同
Editor’s Comrade: At the moment, the momentum of staff mobilization wave after wave. According to statistics, in Wendeng City in the first half of this year, more than a thousand workers were mobilized by staff members. This move-like transfer was brought in and the rational flow of qualified personnel did indeed play a certain role. However, the number of labor disputes arising therefrom has also been on the rise . Judging from the current situation, the main reason for the workers’ disputes arising from the labor dispute is that the enterprise preconditions that the employees pay the pension insurance first, and then the formalities will be handled. In order to get that paper transfer order. The workers, however, took the concerted action to do so by paying the formalities first and then appealing to the Arbitration Office. The reason why such controversy appears, the fundamental reason lies in the business understanding of the higher level policies and regulations there is deviation. Article 5 of the Detailed Rules for the Implementation of the Interim Provisions on the Implementation of Labor Contract by State-owned Enterprises in Shandong Province stipulates clearly: “When a contract worker leaves his contract without permission during his term of the contract, his retirement pension fund, which is repayable before his resignation contract, is deducted. ”Here should pay attention to the following points, one of them: “ deduction pension ”must contract workers in the contract