The Contract Was Not Expired And The Employees Were Fired. The Enterprises Were Sentenced To Pay 220 Thousand For Violation.

Recently, the company was judged by the court of first instance that the unit was illegal to terminate the labor contract, not only to pay 8 months' unpaid wages, but also to pay double compensation for nearly 220 thousand yuan. Previously, if the company agreed to terminate the contract, it would have to pay more than 70 thousand yuan for the employee's cancellation.

　　 staff The contract was not expired and the company asked him to resign.

The employee was named Wang Mu (a pseudonym). He used to be a regional sales manager of a mechanical company's Nanning branch. Wang Mu said he came to a mechanical company's Nanning branch in April 1, 2004. He worked as a liaison officer and promoted to regional sales manager step by step. He signed 6 labor contracts with the company, and the last contract expired in June 30, 2014.

After May 4, 2012, the company wanted to relieve him. Labor contract But he did not want to pay the economic compensation, so he asked him to offer his resignation voluntarily. Wang Mu thought he had no fault in his work, so he did not agree to resign. Later, the company proposed to adjust the position for him, and Wang Mu did not agree. But Wang Mu still works at the unit every day. In June 1, 2012, the company stopped using the mail system of Wang Mu, causing Wang Mu to be unable to work. So, in June 5, 2012, Wang Mu applied for arbitration to the Nanning labor and personnel dispute arbitration committee. The Arbitration Commission decided that the labor relationship between the two parties had not been lifted and the ruling came into effect in August 12th.

After that, Wang Mu had not been able to work. Until March 22, 2013, the company sent him a notice of termination of the labor contract, saying he was absent from work. Wang Mu once again applied for labor dispute arbitration and got the award. At the end of December 2013, Wang Mu sent a mechanical Nanning branch and its head office to the court, demanding payment of his illegal labor relations compensation, unemployment loss, and replacement wages, totaling more than 240 thousand yuan.

Wang Mu said: he worked in this company for 8 years. If the company terminated the contract, the company would only pay him more than 70 thousand yuan.

　　 company Rescission Because the employee has absenteeism.

According to Wang Mu, a machinery company believed that Wang Mu absenteeism was the first to terminate his contract in accordance with the provisions of the employee handbook of the unit.

A machinery company said that the company wanted to adjust jobs to Wang Mu, but he never reported it. In early June 2012, Wang Mu did not rush to work or leave daily attendance. To this end, the company also issued two warning letters to him, and told Wang Muruo not to go to work normally in June 13th of that year. The company will terminate the labor contract according to the regulations. In June 14, 2012, the company also published a notice on the regional media, demanding that Wang Mu should go to the company to work before June 18, 2012 and overdue the labor contract. Wang Mu still did not work according to regulations.

In March 22, 2013, the company issued and sent the notice of termination of labor contract to Wang Mu. The company believes that their labor contracts have been lifted in June 2012, and there is no violation of the labor contract. As for the unemployment loss, Wang Mu was forced to leave. They were forced to terminate their labor relations according to law. Wang Mubu met the requirements for unemployment insurance benefits. The company does not even have any arrears in Wang Mu's wages.

　　 The court decided that the company was sentenced to pay 220 thousand yuan.

In the end, it was because Wang Mu absenteeism led to the expulsion of the unit or was the unit intending to complete it? The Jiangnan District Court held that the announcement made by a mechanical company in the media was not a decision of processing, and it was not a notice that the company had formally terminating the labor contract with Wang Mu. In March 22, 2013, the labor contract release notice delivered by Wang Mu to the company was the formal termination of labor relations between the two sides.

As for the period from June 5, 2012 to August 12th, Wang Mu did not go to the company to work. At that time, Wang Mu and the company were unable to make sure that Wang Mu was absenteeism without justifiable reasons during the labor dispute arbitration. After the first labor arbitration, the Arbitration Commission decided that the labor relationship between the two parties had not been lifted, and it could be decided that after August 12, 2012, a machinery company did not prove that Wang Mu had been told to go back to work, nor did it prove that the company had arranged jobs for Wang mu. Therefore, until March 22, 2013, Wang Mu received the notice of rescission of the labor contract, during which he confirmed that the labor relations between the two sides continued to perform.

As for a machinery company, according to the employee handbook, the decision of Wang Mu absenteeism is dismissed. Because the company has no evidence to prove that the rules and regulations of the company have fulfilled the premise of democracy in the formulation procedure of "discussion by the staff congress or all staff members, putting forward proposals and opinions, and discussing with the trade union or staff representatives on an equal footing". There is no evidence that it should notify the trade union before making a contract with Wang Mu or cancel the procedure before Wang's prosecution. Therefore, it is illegal for a mechanical company to terminate the labor contract for Wang Mu. The company is an illegal labor contract.

As a result, the court held that a mechanical company should pay double compensation to Wang Mu. The court finally decided to make it more than 143 thousand yuan according to Wang Mu's request. As for the replacement of wages, the court held that Wang Mu did not provide labor to the company during the period of applying for arbitration. The two month salary of a machinery company did not need to be reissued. But from August 13, 2012 to March 21, 2013, the labor relations between the two sides continued, Wang Mu did not provide labor, and the fault was in the company. Because the company should pay in accordance with Wang Mu's basic wage of 6400 yuan per month, totaling more than 47 thousand and 800 yuan, and the unemployment loss is 28 thousand and 700 yuan.

A few days ago, the Jiangnan District Court decided on a trial, a machinery company compensation Wang Mu illegal termination of the labor contract compensation, a total of more than 219 thousand yuan. A machinery company refused to accept an appeal.