是自行离职还是被违法解雇引争议

Core Viewpoint - The Urumqi Intermediate People's Court ruled in favor of the employee, determining that the company must pay economic compensation for the termination of the labor relationship, amounting to 44,646.96 yuan, while maintaining or adjusting other aspects of the first-instance judgment [1][2] Group 1: Case Background - The employee, Long, joined the company on September 10, 2018, with a labor contract that expired on September 9, 2020, and did not renew the written contract after expiration [1] - Long left the company on July 26, 2024, leading to disputes regarding the reason for departure, nature of the labor relationship, and economic compensation [1] Group 2: Legal Proceedings - Long filed a lawsuit requesting confirmation of an indefinite labor contract after September 10, 2021, and claimed that the company's termination was unlawful, seeking compensation of 89,293.92 yuan [1] - The company countered with a lawsuit to avoid paying economic compensation [1] Group 3: Court Rulings - The first-instance court ordered the company to pay Long 37,680 yuan for economic compensation, 2,887.35 yuan for unused annual leave, and 1,100.95 yuan for preservation application fees, while rejecting Long's other claims and the company's request to avoid compensation [1] - In the second-instance ruling, the court found that the evidence provided by Long was insufficient to prove unlawful termination, and the company failed to demonstrate that Long voluntarily resigned [2] Group 4: Legal Principles Established - The second-instance court clarified the burden of proof regarding the reasons for termination in labor disputes, stating that if neither party can sufficiently prove the reason for termination, it can be considered as a mutual agreement to terminate the labor relationship [2] - The ruling emphasized that economic compensation should be calculated based on the employee's average pre-tax salary for the twelve months prior to departure [2]