Units Must Be Notified Of The Union'S Dismissal Of Workers.

According to the thirty-ninth provision of the labor contract law, the employee may seriously violate the rules and regulations of the employing units, or seriously dereliction of duty, engage in malpractices, and cause serious damage to the employing units. The employer may rescind the labor contract.

However, the forty-third article of the law also stipulates that the employer should unilaterally terminate the labor contract and notify the trade union in advance.

If the employing unit violates the provisions of laws, administrative regulations or labor contracts, the trade union shall have the right to require the employer to correct it.

The employer shall study the opinions of the trade union and notify the trade union in writing of the result.

That is to say, even if the employer unilaterally terminates the labor contract on the grounds that the employee seriously violates the enterprise violation system and causes great damage to the enterprise, he should also notify the trade union in advance.

In 2013, Chen entered a chemical company in 2, engaged in power engineering work.

In March 21, 2014, on the night shift duty, Chen opened the company's industrial steam valve to keep warm because of the cold weather.

After the incident, the company unilaterally terminated the labor contract between the two sides on the grounds that Chen violated the company's labor discipline management regulations, violated the safety production operation process and caused thousands of losses to the unit.

Immediately, Chen had rescinded the contract without the consent of the trade union, filed a labor dispute arbitration application on the grounds of illegal lifting, and requested the unit to pay compensation for the illegal rescission of the labor contract.

Interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases (four), Twelfth stipulates that the establishment of a trade union's employer to terminate the labor contract is in line with the "

"Thirty-ninth, fortieth stipulates, but fails to notify the trade union in advance in accordance with the forty-third provision of the labor contract law, and the worker requests the employer to pay compensation on the ground that the employer illegally terminates the labor contract. The people's court shall support it, except that the employer has made up the relevant procedures before the prosecution.

In this case, Chen violated the company's rules and regulations, causing safety risks and thousands of economic losses to the unit.

The employer unilaterally relieves the labor contract between the two parties, which is in conformity with the law.

However, the company did not notify the trade union in advance of the circumstances and reasons for unilaterally dissolving the labor contract and listened to the opinions of the trade union.

Therefore, the Arbitration Commission supports Chen's claim that the company pays compensation for breaking the labor contract illegally.

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"Article twenty-first stipulates that enterprises and institutions

The trade unions consider it inappropriate and have the right to make suggestions.

When an enterprise unilaterally terminate the employee's labor contract, it shall notify the trade union in advance.

When a trade union considers that an enterprise is in violation of laws, regulations and relevant contracts, it is required to re study and deal with it, the enterprise shall study the opinions of the trade union and notify the trade union in writing of the result.

The trade union shall give support and assistance to employees who think that enterprises have violated their labor rights and apply for labor dispute arbitration or bring a lawsuit to the people's court.