Talking Back To Leaders Is Not A Serious Violation.

Wang entered a company in November 19, 2008 and was promoted to Vice Minister of production after his outstanding performance.

In October 11, 2013, Wang came to the meeting on the same day because he had an argument with his superiors.

A few days later, the company decided to terminate the labor contract. The reason is that Wang openly contradicted the leadership's behavior and seriously violated the rules and regulations of the unit. Wang Mousui appealed to the labor arbitration department.

After labor arbitration and court trial, Wang appealed to the intermediate court.

The court heard that the company

The tenth section states that "the work is not subject to the superior leadership's reasonable command" and "the colleagues in the workplace abuse each other and quarrel", giving written warning.

At the same time, according to the company's reward and punishment regulations, the three written warning is equivalent to a record, and the three record is the same as a record. The cumulative three times of the record is relieved of the labor contract.

Wang did not quarrel with the leaders, and did not achieve serious violations.

Therefore, the company's breach of contract with Wang is in violation of the "

The relevant provisions should be compensated according to law.

According to Wang's working life and the average wage of the 12 months before the termination of the labor contract, the court found that the company paid damages to Wang for 74555.6 yuan.

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Mr. Song: 15 years ago, I went to work in a food company in this city.

A few years ago, the unit signed a labor contract with our employees every year. In early 2011, the company signed an unfixed term labor contract with me.

I have done statistical work in the unit storehouse. I have never made any mistakes since entering the office. I am the second time in the performance appraisal process every year. In recent three years, I have been rated as an excellent employee of the company.

In the second half of last year, the unit replaced the general manager.

Recently, the company posted a notice that the unit was not good enough, and the departments should lay off staff in different proportions. My name was on the list of layoffs.

When leaders talked to me, I did not agree to terminate the labor contract. When they did not sign any agreement with me, they forced the economic compensation to pfer to my salary card according to the N+1 standard, then cancelled my access card, so that I could not enter the company gate.

I would like to ask: does the unit's practice constitute an illegal termination of the labor contract?

An Huimin: if the employer cuts personnel for the economic layoffs, according to the N+1 you mentioned, payment to you will be in accordance with the law.

However, if the labor relations are terminated for consultation, they should be agreed through consultation and inconsistent with each other. If the employer unilaterally terminates the case without legitimate reasons, it should be an illegal release. You can claim 2N's economic compensation.

The forty-first clause of the labor contract law stipulates that if one of the following situations needs to be cut down more than twenty personnel or less than twenty people, but it accounts for more than ten percent of the total number of employees, the employer can explain the situation to the trade union or all the staff members thirty days in advance. After listening to the opinions of the trade union or the staff, the personnel reduction plan can be reduced to personnel according to the report of the labor administrative department: (1) the reorganization shall be carried out according to the provisions of the enterprise bankruptcy law; (two) serious difficulties in production and operation; (three) the adjustment of the enterprise's pfer of production, major technological innovation or adjustment of the way of operation, and after the alteration of the labor contract, personnel still need to be laid off; (four) other major changes in the objective economic situation based on the conclusion of the labor contract, resulting in the failure of the labor contract to be fulfilled. If your unit belongs to economic layoffs, and in accordance with

When reducing personnel, priority should be given to the following personnel: (1) to conclude a fixed term labor contract with the unit; (two) to conclude a labor contract without a fixed term with the unit; (three) there is no other employed person in the family, and the elderly or minors who need support.

In accordance with the provisions of the first paragraph of this article, the employing unit shall, within six months, reduce the number of personnel and notify the staff who have been laid off, and give priority to those who have been laid off under the same conditions.

If your unit performs the normal procedure according to law, then the unit will not constitute an illegal termination of the labor contract.

If the employer unilaterally terminates negotiations with you and disagrees with the negotiations and unilaterally forcibly terminates the labor relationship, if you think the employer is illegal, you may apply to the labor and personnel dispute arbitration committee at the place where the employer is located, and claim that the employer shall pay the economic compensation for illegal labor relations to you.