Labor Contract Effectiveness Is Better Than Unit Rules And Regulations.

Zhu applied for a business contract in Ji'nan in 2012, and the two sides signed a labor contract for a period of 5 years. The labor contract is stipulated that Zhu's working place is Ji'nan urban area. If the work place is changed, it must be agreed by both sides. After the Spring Festival this year, the company expanded its business and decided to transfer Zhu to the branch manager. Zhu was refused to work in the field because his child was still young and his parents were ill. He insisted on the implementation of the labor contract. The head of the company took out the rules and regulations of the company and told Zhu that according to the company's rules and regulations, the company could change the working place of the employee at any time because of business needs, and the employee must obey the decision of the company unconditionally. The two sides would not compromise, and the company resolved the contract with Zhu. Zhu refused to accept the application and submitted an arbitration application to the local labor and personnel dispute arbitration committee, which required that the company sign the contract with the company. Labor contract 。

　　 Arbitration Commission According to the trial, the case should be preceded by the conflict between the rules and regulations of the employing units and the terms of the labor contract. Supreme People's Court on trial Labor dispute The interpretation of several issues concerning the application of law (two) "the sixteenth rule states:" the internal rules and regulations formulated by the employing units are inconsistent with the contents stipulated in collective contracts or labor contracts, and the people's court shall support the workers' request for priority application of the contract. " Zhu asked for priority in the application of the labor contract, and the employer should keep his place of work unchanged rather than dismiss.

Finally, the Arbitration Commission decided to support Zhu's proposition.

Related links:

Question: I am a manager of an enterprise management consulting company in Beijing. In a recruitment in January this year, we hired a job seeker. After three months' probation period, the company signed a three year fixed term labor contract with her. A few days after signing the contract, she handed in the hospital diagnosis to prove that she had breast cancer and applied for sick leave. Before joining my company, she worked in two companies for 6 years. How long should she rest? How long will it take to complete the medical period? If we terminate the labor contract directly with her when the medical service expires, do we need to pay the economic compensation?

Answer lawyer: according to the relevant regulations, the worker enjoys a medical period of three months, because the worker is suffering from cancer. If approved by the enterprise and the competent labor department, the medical period can be appropriately extended. If a doctor or a medical institution finds that the disease is difficult to treat and ends with medical treatment during the medical treatment period, he or she cannot engage in the original work or engage in any work arranged separately by the employing unit, the labor appraisal committee shall, according to the appraisal standard for the degree of disability caused by occupational injuries and occupational diseases, carry out the appraisal of the working ability. Those who have been identified as grade one to four should withdraw from their work posts, terminate their labor relations, handle retirement and retirement procedures, enjoy retirement and retirement treatment, and be identified as grade five to ten. At the end of the medical treatment period, the staff should conduct an appraisal and make different arrangements according to the grade of the appraisal.