"Serious Personal Negligence" Needs Solid Evidence.

If the general worker is illegally relieved or terminated the labor contract, the employer shall continue to perform the labor contract in accordance with the provisions of the labor contract law, and if the worker fails to continue to fulfil the labor contract or the labor contract can not continue to perform, the employer shall pay compensation to the laborers in accordance with the economic compensation standard two times.

And according to Shanghai The implementation of rules for the protection of the legal rights and interests of the chairman of an enterprise union shall be implemented. The chairman of a trade union shall discharge or terminate the labor contract without any proper reason because of the performance of his duties according to law. The higher level trade union shall urge the enterprise to continue to fulfill its labor contract according to law, resume its original job, renew the remuneration paid during the rescission of the labor contract, or give him two times the annual income compensation, and release or terminate the contract. Labor contract Hour Economic compensation 。

If the enterprise refuses to correct, the higher level trade union shall bring the labor administrative department to order the enterprise to correct it until the chairman of the trade union who has infringed upon the rights or interests has filed a complaint with the labor arbitration committee or brought a lawsuit to the people's court.

The chairman of an enterprise union shall be relieved or terminated by a company because of its duties in accordance with the law. If I am unwilling to continue to work in the enterprise and lead to unemployment, the higher level trade union shall provide employment assistance to the chairman of the trade union, and he or she needs employment training to provide free vocational skills training for him. During the unemployment of the chairman of the trade union, the higher level trade union should subsidize the salary of the original post and enjoy a maximum period of not more than six months.

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The eighteenth law of the trade union law stipulates: "the full-time chairman, vice chairman or member of a grass-roots trade union shall extend the term of its labor contract automatically from the date of its appointment. The extension period is equivalent to that of its term of office. The term of the labor contract which has not yet been fulfilled is shorter than the term of office since the chairman of the full-time chairman, vice chairman or member is appointed, and the term of the labor contract shall be automatically extended to the expiration of the term of office. Except for serious personal negligence or statutory retirement age. "

The extension of the term of the labor contract means that the trade union staff and their employers do not need to negotiate on matters related to the extension of the term of the labor contract. The original labor contract is effective and effective, unless the individual is seriously negligent or reaches the age of legal retirement. The Supreme People's court's interpretation of several issues concerning the application of the "People's Republic of China trade union law" in the civil trial indicates that the extension of the labor contract of the full-time chairman, vice chairman and member of the grass-roots trade union shall be counted from the date of the expiration of the term of office of the above-mentioned trade union union, and the extension period is equal to that of the trade union.

There are some differences between workers' full-time chairmen, vice chairmen, members and non full-time chairmen, vice chairmen and members of the grass-roots trade union. There are some differences between the extension of the term of the labor contract and that of a full-time chairman, vice chairman or member. The time limit for extending the term of the labor contract shall be counted from the date of the expiration of the term of office of the trade union. The extension period is equal to the period when the trade union holds office.

Here are two points to note: first, the beginning of the extension of the labor contract is the date when the term of office of the trade union expires. That is to say, on the day when the term of office of the trade union expires, the extension of the labor contract begins to be calculated. Second. The duration of the extension of the labor contract is equal to that of its trade union. For example, the term of office of a trade union is three years, and the duration of the extension of labor contract is three years. The remaining labor contract period will continue to perform. To put it simply, that is to extend a few years for several years.

Instead of a full-time chairman, vice chairman or member who extends the term of the labor contract, it shall be counted from the date of the expiration of the term of the labor contract, and the term of the labor contract shall be extended automatically to the expiration of the term of office of the trade union. Accordingly, in the beginning of this article, if the term of labor contract of the non full-time union chairman is expired and the new contract has not been renewed, it shall be deemed that the labor contract is automatically extended to the expiration of the term of office of the president of the trade union, that is, the term of office of the president of the trade union is full in June 2013. Before the expiration of Xiao Liu's term of office, it is illegal for the company to terminate the labor contract due to the expiration of the labor contract.