Dismissal Of Disciplinary Staff Without Notice To The Trade Union Constitutes A Violation Of The Law

After being dismissed from the rules and regulations, the latter was brought to court on the grounds that the unit did not notify the trade union.

Recently, the second intermediate people's Court of Hainan province concluded the labor contract dispute at the end of the trial, and sentenced the employer of a escort company in Hainan and a branch company to pay 28728 yuan in cash compensation.

In November 8, 2009, Fu Mou was employed by a branch of a escort company in Hainan, responsible for escorting and guarding and serving as the vehicle leader.

Due to the need of work, the post is not working regularly.

In October 30, 2013, Fu Mou was in "

Signature on duty letter.

In October 6, 2014, Mr. Fu issued a letter of commitment to the unit, indicating that he had received and read the employee handbook in detail. He knew and correctly understood all the contents of the handbook and the related system of the company, and fulfilled the obligations prescribed by the company in accordance with the requirements in practice.

In May 30, 2015, 4 men in a certain vehicle group were drowsy during the morning delivery task and the late task interval, resulting in delayed handover.

After that, he refused to acknowledge the adverse effects of drinking and drinking on the work, while the other 3 people reviewed this.

The head office and its branch have decided to dismiss and terminate the labor contract on the basis of a serious violation of the company's rules and regulations.

Fu Mou disagrees with the treatment, thinks escort escort company has not announced to the trade union

The reason is that the procedure is illegal, and the arbitration is submitted to the local labor arbitration commission for the purpose of requiring the escort company and its branch to pay the economic compensation for the illegal labor contract and the double pay for rest days.

In September 22, 2015, the Labor Arbitration Commission ruled that a convoy escort company and its branch would pay an economic compensation of 28728 yuan and a rest day for 53912 yuan.

A escort general company and its branch disagree with the arbitral award and appeal to the court, request to cancel the arbitral award and reject the request.

The court of first instance supported this.

After the sentence was passed, he agreed to appeal against the first instance and appealed to the second middle court of Hainan.

According to the trial of the second intermediate people's Court of Hainan, the forty-third provision of the labor contract law stipulates that the employer should unilaterally terminate the labor contract and notify the trade union in advance.

If the employing unit violates the provisions of laws, administrative regulations or labor contracts, the trade union shall have the right to require the employer to correct it.

The employer shall study the opinions of the trade union and notify the trade union in writing of the result.

The act of a certain company violates the company's rules and regulations seriously. It is lawful for a convoy escort general company and its branch to unilaterally rescind the labor contract. However, after the termination of the contract, the reasons for the termination of the contract were not written to the trade union, and it was not lawfully corrected before the lawsuit. It was a violation of the procedure. Accordingly, a certain convoy escort company and its branch pay an economic compensation of 28728 yuan.

After the sentencing, after the interpretation of the chief judge of the second middle court of Hainan, the escort general company and its branch took the initiative to fulfill the above compensation.