The "Last Bit System" Is Eliminated?

Li Min, a graduate of last year, was selling in a private enterprise. The company would impose the last elimination system on the bottom of the sale for two months, and the company would automatically dismiss the employee. This rule has always been like a big stone in Li Min's mind, for fear that it would be troublesome if he didn't lay the foundation well. However, Li Min need not worry now. Recently, the Anhui High Court has issued the "Anhui Provincial Higher People's court's Guiding Opinions on Several Issues concerning labor dispute cases", and has redefined some judicial interpretations in labor disputes. This means that the final elimination mechanism can not be regarded as a reason for enterprises to unilaterally expel employees.

Although Li Min did not enter the working unit very soon, he heard the old employee say that the company had indeed dismissed an employee because he had been the last in two months of performance. This legend has been heard from Li Min when he entered the company. So after entering the company, Li Min did not dare to neglect it for a day. Even if he was sick, he could not afford to take a vacation. Let alone his annual rest. "Overtime is even more common. My colleagues once counted that he only had less than a week's vacation in a year." Old staff is still so, where do we dare to neglect our new arrival? "

"The guiding opinions on certain issues concerning labor dispute cases" clearly stipulate some labor disputes in the light of the reality of our province. judicial "The interpretation", the provincial court of high court civil trial, Wen Jun Jun, said that sixth of them clearly pointed out that the employer's rules and regulations stipulate that the final elimination of performance appraisal is based on the unilateral termination of the labor contract, and the people's court should still examine whether the laborers are competent in accordance with the second provisions of the fortieth labor contract law.

Labor dispute cases are closely related to people's livelihood, and now the types of disputes are increasingly complex, group disputes are increasing, and the application of laws is very difficult. In 2014, the high court of Anhui province extensively recruited the hot spots, difficult problems, and experiences and practices in the trial of labor dispute cases, sorting out and classifying them, and collate 82 opinions and suggestions on labor disputes.

After analyzing and argumentation one by one, we carried out discussions and deliberations on the relevant cases, and formed a survey report of 5 million words on labor dispute cases. Wen Zejun said that after the basic investigation, he decided to draft the draft guidance.

" Guiding opinions on Several Issues concerning labor dispute cases "A total of 31 articles, including the confirmation of labor relations, the review of the rules and regulations of the employing units, overtime pay, double wages, economic compensation, compensation disputes, competition restrictions, labor dispatch, industrial injury insurance, tort compensation, social insurance disputes and so on.

These contents are mainly reflected in the understanding and use of some important clauses, followed by further clarifying. Injury on-the-Job The related issues of insurance liability also respond to the hot issues of social concern. For example, whether the employer can dissolve the labor contract unilaterally based on the final elimination of the performance appraisal of employees, the undertaking of industrial injury insurance liability in the legal relationship of labor dispatch, and the hot issues of social concern such as the treatment of workers and employers after the appointment of social workers who have waiver of social insurance, and so on.