The Lawful Rules And Regulations Of Employing Units Can Be Used As The Basis For Deciding Cases.

Chen Hai (a pseudonym) and a labor dispute dispute case of a pport company in Yulin have been brought into effect. The Yuzhou District People's court rejected Chen Hai's request for a pportation company in Yulin to pay compensation for the cancellation of the labor contract.

After the first trial, Chen Hai refused to accept the appeal. The Yulin intermediate people's court rejected the appeal and upheld the original judgment.

Ping An Guangxi network Yulin news (correspondent Dai Ni) recently, Chen Hai (a pseudonym) and a pport company in Yulin labor dispute dispute case has been decided to take effect, Yuzhou District People's court rejected Chen Hai's request for a pport company in Yulin to pay compensation for the cancellation of labor contract claims.

After the first trial, Chen Hai refused to accept the appeal. The Yulin intermediate people's court rejected the appeal and upheld the original judgment.

Chen Hai has been working at a bus station of a pportation company in Yulin since July 2003, and pferred to the Security Department of Yulin general company from February 2010 to work as a security officer.

On 18 March 2008, a pportation company passed and issued the internal rules and regulations on the revision of the internal rules and regulations "amendments to the regulations for rewards and punishments of a pport company in Yulin" ([2008]36). The eleventh section of the rules and regulations stipulates that "continuous absenteeism (cross month and cross year) time for 5 days, cumulative absenteeism for 10 days in one year, dissolving labor contracts, or the organizers of fighting, fighting in Liuhe or gambling in the production area, or taking part in fighting, fighting, Liuhe gambling or gambling or being detained by public security organs, may terminate the labor contract; Chen Hai signed the rules and regulations in March 25, 2008.

In December 30, 2010, Chen Hai signed a fixed term labor contract with a pport company in Yulin for 3 years from January 2, 2011 to January 1, 2014.

In April 25, 2013, Chen Hai indecent Tan Mou in a district of Yulin, and was sentenced to 7 days' administrative detention in Yulin Yuzhou branch in April 26, 2013.

A pport company in Yulin has made a post pfer handling in view of Chen Hai's behavior which has violated the law.

In May 13, 2013, Chen Hai worked with a pport company in Yulin. After the handover was completed, a pportation company in Yulin did not send the company to work because of Chen Hai. In May 17, 2013, it issued a pfer order, pferred Chen Hai from the Ministry of safety to the Ministry of human resources, and asked Chen hai to report to a passenger station in Yulin before May 20, 2013.

However, Chen Hai did not report to the company's human resources department as required. After repeated urging, the company could not carry out the work of Chen Hai's work in June 3, 2013.

A pport company in Yulin is ready to issue [2013]58 on June 3, 2013.

Chen Hai was found to have abused Chen Hai's illegal activities in April 25, 2013, and violated the company's rules and regulations for 14 days from May 21, 2013 to June 3, 2013.

Chen Hai sued the court and demanded that a pport company in Yulin should pay compensation for the cancellation of the labor contract.

Yuzhou District Court held that the rules and regulations formulated by a pport company in Yulin concerning the revision of the regulations on rewards and punishments of a pport company in Yulin were formulated and sent to all departments of the company by Chen Hai. As a result, Mr. Chen Hai also knew that Chen Hai, as a staff member of a pport company, should be bound by the company's rules and regulations.

From May 17, 2013 to June 3, 2013, Chen Haizi failed to accept the company's position pfer and did not report to the company's human resources department. He did not work in the company. His behavior constituted 14 days of continuous absenteeism. According to his absenteeism behavior and the administrative detention of the public security organ of a pport company in Yulin according to her absenteeism and her illegal behavior in April 25, 2013, it was lawful to terminate the labor contract with Chen Hai in accordance with the provisions of the company's regulations on the award and punishment of employees of a pport company in Yulin.

In summary, Yuzhou District Court dismissed Chen Hai's request for a pportation company in Yulin to pay compensation for the cancellation of the labor contract.

Comment: according to the thirty-ninth articles and second items of the labor contract law of the People's Republic of China, the employer can rescind the labor contract in one of the following situations: (two) a serious violation of the rules and regulations of the employing units.

For the determination of the legal effect of the rules and regulations of the employing units: before the introduction of the labor contract law, the Supreme People's court's nineteenth interpretation of several issues concerning the application of the law in labor dispute cases stipulates: "the employing unit's rules and regulations formulated by democratic procedures in accordance with the fourth provisions of the labor law do not violate national laws, administrative regulations and policies, and have been publicized to the workers, which can serve as the basis for the people's courts to hear labor disputes.

The Regulation establishes the following three conditions for rules and regulations to have legal effect: first, the formulation should be carried out through democratic procedures; second, the contents must be legitimate; third, the workers must be publicized.

In this case, the rules and regulations of a pport company in Yulin were passed and issued by the company's Congress. Chen Hai also signed the rules and regulations.

Therefore, the rules and regulations of a pport company in Yulin are in accordance with the law, and Chen Hai claims that a pport company in Yulin has to pay no compensation for the dissolution of the labor contract without facts and legal basis, and the court will not support it according to law.