The Rules And Regulations Of Employing Units Can Not Surpass The Reasonable Category.

Ms. Ma's company through the staff representatives meeting, made "workers must not be late, leave early, anyone who is late or early for more than half an hour will be dismissed".

In January 23, 2016, Miss Ma was late for nearly 1 hours.

In January 24th, the company informed Ms. Ma in writing notice that it would terminate labor relations.

Ms. Ma submitted an arbitration application to the local labor and personnel dispute arbitration commission, which required the company to pay compensation for illegal labor contracts.

The arbitration rules and regulations of a company are formulated by legal procedures, but on the grounds of lack of rationality, a company is decided to pay illegal termination of labor contracts.

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Comment on:

A serious violation of the rules and regulations of the employer, the employer can terminate the labor contract, but does not mean that the employer can make rules and regulations at will.

The rules and regulations formulated by employers should not only abide by the procedures, but also follow the principle of moderate and reasonable rules.

Scope.

If the rules and regulations of the employing units exceed the reasonable scope to set the obligations on the laborers and remove the labor contracts accordingly, the employing units shall bear the legal consequences of breaking the law and pay illegal compensation for the labor contracts to the laborers.

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A unit of the workers' palace has been bought up by a printing company in Ji'nan. After paying off labor relations, who will pay for the economic compensation?

Gong went to work in a certain factory in Ji'nan city in 1988. Because of its difficulties in operation, Gong went home from 1996.

In 1999, the plant signed a contract of property rights with the printing company, which agreed that the printing company could buy the whole property right of the plant at a time by undertaking the debt.

In June 11, 2010, the printing company accepted the cost of land, housing compensation, relocation of related enterprises, personnel resettlement and other expenses of 19 million yuan.

In January 5, 2012, the factory was revoked its business license.

In September 10, 2013, the court appeals to the Ji'nan City Central Labor and personnel dispute arbitration committee, requiring the factory and printing company to pay financial compensation.

The Arbitration Commission has not accepted the case.

During the trial, the printing company argued that the unit and the palace had never signed a labor contract, nor had it formed a factual labor relationship. After the unit bought the factory, the plant was still independent of civil liability. Therefore, there was no factual and legal basis for the unit to pay economic compensation.

The court held that the labor contract was terminated according to the forty-fourth clause and fifth provision of the labor contract law, where the employer was revoked the business license.

The forty-sixth sixth stipulations, in accordance with forty-fourth fifth provisions, terminate the labor contract, the employing unit shall pay economic compensation to the laborers.

The factory was revoked its business license in January 5, 2012, and the labor relationship between the palace and the factory was terminated according to law. The factory should pay the economic compensation for the 12 month salary of the palace according to law.

In 1999, the printing company had bought up the whole property right of the plant through the way of debt.

After the business license was revoked, the printing company did not liquidate it in accordance with the law, and the printing company also accepted the property of 19 million yuan in June 2010. Therefore, the printing company should bear joint and several liability in the scope of accepting property according to law.

Accordingly, the court ruled that the factory paid an economic compensation of 13200 yuan for the palace, and the printing company was jointly and severally liable.