Six Months After The Employee Has Left The Office, Administrative Sanctions Are Still Given.

The employee has been away for half a year, but because the file is still in the unit, the unit has written administrative sanctions to the employee in the file. Then, can employees ask the court to order the unit to rescind the sanction decision? Is such a dispute a labor dispute? Recently, a Beijing intermediate court has concluded such a case. A unit gives administrative warning to the employee who has already left office, and the employee requests the court to cancel the sanction of the unit in his personal files. The court finally supported the request of the employee on the basis of a certain unit's management authority that the employees who had already removed the labor relationship did not have sanctions.

When Zhang entered a certain unit in 2011, the last labor contract signed between the two sides was from 2014 to 2019. In 2014, Zhang submitted his resignation. After the labor department arbitration. Board of arbitration An arbitration decision was made to confirm that the two sides terminate the labor contract in November 2014.

In June 2015, a unit made the decision on giving administrative warning to Comrade Zhang (hereinafter referred to as "decision on sanctions"), which stated that Zhang did not perform financial reimbursement procedures for a long time during his working period in 2014, which had adverse effects on the normal financial work of the unit. At the same time, during his mission abroad, he lost all his passport and the work expenses of the delegation due to his personal negligence. After retrieving most passports, he still caused great losses to the units and customers, seriously affected the image of the unit and absenteeism for 9 days in 2014 years. According to the unit management method, give Zhang an administrative warning.

Zhang claimed that he had terminating labor relations with a certain unit in November 2014, but a unit has not yet handled the resignation procedure and file transfer. The arbitration was supported by the labor arbitration department on the issue. Although a unit issued a certificate of separation in July 2015, it issued an administrative warning to him in June 2015. It considers that a unit's punishment after its departure is invalid, so it appeals to the court to rescind the administrative sanction and withdraw the punishment from the personal file.

During the first instance, a unit argued that Zhang was not responsible for his work during his stay, which led to the loss of the mission and the loss of his passport and the absenteeism. He violated the rules and regulations of the unit. The corresponding administrative sanction of the unit was labor autonomy and the procedure was legal and compliance. At the same time, according to the judicial interpretation of labor disputes, Zhang's claim does not belong to the scope of the labor dispute cases and other civil cases, so he asked the court to dismiss Zhang. Litigation request 。

In the trial, both sides agreed that a unit issued a proof of resignation to Zhang in July 2015, indicating that the two sides had terminate their labor relations in November 8, 2014.

After hearing the trial, the court of first instance held that the decision to give an administrative penalty to Zhang after the lifting of labor relations with Zhang was inappropriate and the decision should be revoked. Zhang's request to withdraw the sanction decision from his personal files does not fall within the scope of the labour dispute cases accepted by the people's court. In summary, the court of first instance decided that the unit would revoke Zhang's decision within seven days and dismissed Zhang's other claims.

After the judgment of first instance, a unit refused to accept the case and appealed to the first intermediate Hospital of Beijing. It believes that the court of first instance failed to find out the time of its decision and Zhang. Departure time The relationship between the three sides of labor arbitration award. Therefore, we request the second instance court to revoke the first instance decision and dismiss Zhang's claim according to law.

After hearing the case, a Beijing intermediate people's court said that Zhang joined a certain unit in 2011 and established labor relations between the two sides. Zhang submitted his resignation and confirmed that the two sides had lifted their labour relations in November 2014. In June 2015, a unit made a decision of administrative warning against Zhang's negligence, absenteeism and other violation of company rules and regulations, and the decision time was not appropriate after the two sides terminated labor relations. Finally, the Beijing intermediate court rejected the appeal of a unit and upheld the original judgment.