If The Employer Terminates The Labor Contract, Should He Inform The Union In Advance?

In October 8, 2006, Zhang joined a management company and served as regional sales director. In his work, because Zhang worked longer and out of management needs, when he set up a Beijing branch, the management company arranged for Zhang to be the person in charge of the Beijing branch of the company. In March 1, 2014, the management company took Zhang as an incompetent worker and unilaterally relieved labor relations. Zhang believes that he is the chairman of the trade union of the Beijing branch. The management company has lifted the labor relationship but has not informed the trade union of its reasons in advance. Therefore, Zhang applied for labor dispute arbitration on the grounds of company's illegal termination of labor contract, and demanded restoration. Labor relations 。 In the course of the arbitration, Zhang presented the certificate of the president of the trade union, which has been approved by democratic election and higher level trade union since September 2011. He has been appointed chairman of the trade union of the Beijing branch of the management company and has affixed the special seal for the registration of trade union legal persons in Beijing.

The management company recognizes the authenticity and legality of the certificate, but denies the relevance. It claims that the management company itself has not established a trade union. The trade union Department of the Beijing branch is unlawfully established. Zhang is the actual administrative director of the Beijing branch, and can not act as the trade union seat of the trade union according to law. Therefore, the company unilaterally relieves Zhang's labor contract without notice to the trade union of the branch.

The Arbitration Commission held that although the management company denied the relevance of the trade union chairman's certificate submitted by Zhang, the company recognized the authenticity and legality of the certificate, so the arbitration committee accepted the evidence. The management company claimed to unilaterally terminate labor relations because of Zhang's incompetence. However, the company did not give evidence to inform the trade union of Beijing branch where Zhang was in advance. Therefore, the Arbitration Commission approved the proposition that the management company did not notify the trade union in advance according to the sixth provisions of the labor dispute mediation and arbitration law. Therefore, the unilateral dissolution of the company violated the " Trade Union Law "Article twenty-first," labor contract law "forty-third provisions, the Department of illegal labor contracts, according to Zhang's request, continue to fulfill the labor contract.

The twenty-first article of the trade union law clearly stipulates: "if a trade union or a public institution disposes of its employees, the trade union considers it inappropriate and has the right to make an opinion. When an enterprise unilaterally terminates the employee's labor contract, it shall notify the trade union in advance. The trade union considers that the enterprise is in violation of the laws, regulations and relevant contracts, and requires that it should reconsider the processing. The enterprise shall study the opinions of the trade union and notify the trade union in writing of the result. The trade union shall give support and assistance to employees who consider that enterprises are infringing their labor rights and applying for labor dispute arbitration or bringing a lawsuit to the people's court. The forty-third provision of the labor contract law stipulates: "the employer unilaterally relieves the labor contract, and shall 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 employing unit shall study the opinions of the trade union and notify the trade union in writing of the results.

In this case, Zhang, a staff member of the management company, joined the trade union of the Beijing branch of the management company and became the president of the trade union. Labor contract Should we inform the trade union of Beijing branch where Zhang is located? In fact, the management company and the Beijing branch belong to the relationship between the head office and the branch. Although the management company itself did not establish a trade union, the company arranged for Zhang to be the head of the Beijing branch, so the management company should know the basic situation of the trade union in Beijing branch. Under such circumstances, the management company has not informed the Beijing branch of the reasons for the lifting of the trade union, so the rescission shall be revoked.

The termination of labor contracts is an important right of workers and employers. It is directly related to the existence and distribution of labor relations and the distribution of interests. It is a major matter in the implementation of labor contracts. Therefore, it is prudent and prudent for workers and employers to unilaterally terminate their labor contracts. The law gives the trade union the authority to coordinate labor relations and safeguard the labor rights and interests of employees through the participation of labor disputes. This is especially reflected in the twenty-first articles of the trade union law and the forty-third of the labor contract law, which clearly stipulate the right of the trade union to "make suggestions" for dismissal or dismissal of workers. Therefore, when the employer unilaterally relieves the employee's labor contract, he must notify the trade union in advance.

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