Layoffs Were Not Compensated According To Legal Procedures.
The unit unilaterally relieved the employee from the employment contract on the grounds of layoffs.
Recently, the court ordered the unit to pay 4226.6 yuan of compensation for Xiong's illegal termination of the labor contract.
In November 1, 2013, Xiong signed a labor contract with a technology company for a period of 3 years.
In October 31, 2014, technology company lifted the 30 people, such as Xiong and others, on the grounds of serious difficulties in production and operation.
Labor contract
。
Xiong believes that the reason why the technology company terminates the contract is insufficient and the procedure is not perfect, so it appeals to the local labor arbitration department, which requires the unit to pay the compensation for breaking the labor contract illegally.
After the ruling of the Arbitration Commission, Xiong refused to accept the case and filed it with the court.
The court held that
Labor Contract Law
"According to the regulations, the number of personnel laid down by the employer in the case of serious difficulties in production and operation is 20 or more, or less than 20, but it occupies the enterprise.
Workers
The total number is more than 10%. If the employer wants to explain the situation to the trade union or the whole staff 30 days in advance, after listening to the opinions of the trade union or the staff, the personnel reduction plan can be reduced to the staff through the report to the labor administrative department.
In this case, although the technology company has terminate the labor relationship on the grounds of serious difficulties in production and operation, it does not conform to the circumstances and procedures prescribed by the law. Therefore, the unilateral breach of the law should be paid for Xiong's compensation.
Accordingly, the court made the decision.
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As a career woman, you have to face everything in the workplace confidently.
First, the two situation that the workplace newcomers are prone to is extreme conceit and lack of assertion.
The former situation is due to its youth, high academic qualifications, comprehensive theoretical knowledge, familiarity with new things, and understanding of the trend of fashion.
The harm of the former is self-evident; for the latter, especially in the severe form of the current employment form, we should pay special attention to the newcomers in the workplace.
Experience can only represent the past. Quality and ability are reflected in the present. Performance is only the goal that must be achieved in the future.
Therefore, there is no need for the workplace newcomers to lose self-confidence due to their lack of experience, and lose the courage to challenge new goals and meet new opportunities.
Two, set goals for life and work.
A lot of newly graduated college students, basically, just accumulate some work experience to support themselves, and then go for a natural life, or as a pitional stage, take time for postgraduate entrance exams. Besides, basically there is not much quality of life and pursuit of jobs. Pursuing them is also some unrealistic ideas. For instance, I hope that the company will allow itself to manage one by one, take a high annual salary or go to business as a boss.
To sum up, their goals are at the most realistic and overly ideal ends, and there is a general lack of down-to-earth, practical, professional ideals and living standards with steps, plans and measures.
Therefore, the workplace newcomers should combine their professional characteristics, interests and interests, and the company's business platform to establish their own career development goals and life goals in the near future. In particular, we must emphasize that the goals should be based on reality and above reality, and we can steadily push forward and achieve effective results at the stage.
Three, develop a good attitude and method of doing things.
Milu once sent a message to the Chinese football team: attitude decides everything.
I believe this sentence should also apply to people in all walks of life, especially in the workplace.
Every enterprise hopes that employees can establish a correct concept of practice and have a reasonable and clear understanding of their roles in their roles, families, colleagues, supervisors and companies. They have the right attitude, understanding and handling methods in dealing with daily trifles, job assignments, disputes among colleagues, and criticism of supervisors.
Therefore, when a new person enters a company, he should learn to look at the situation, integrate into the company as soon as possible, understand the management culture of the company, and develop good professional habits and professional ethics.
Four, establish a correct sense of learning and develop good learning habits.
Drucker, a management guru, once said: in the future, your only competitive advantage is to learn faster than people and act faster.
It is reflected in our current era that every professional person is required to set up the concept of learning at any time and anywhere.
In the absence of past teachers' help and endless new situations, and how to do the job more demanding and demanding, the only thing they can do is to learn continuously and quickly, learn from their supervisors, learn from the old employees, learn from our competitors, partners and customers.
Learning itself is a process of feeling and changing the environment, analyzing problems, sorting out information and wisdom, and putting into action.
Therefore, the workplace newcomers must give up the traditional concept of "no learning, no one can't teach, no experience, no knowledge", and establish a sense of learning at any time, anywhere and in time, and develop a habit of learning actively, actively and strategically.
HR should also set a good example for the company to do in-depth communication and communication with new employees.
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It Is Better To Follow The Regulations On Paid Leave Than To Stipulate The Regulations.
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