Failure To Inform The Rules And Regulations Of Units To Dismiss Employees

Employee Shi Da Gong found that the car was faulty when he drove and delivered the goods. Then he hit the pole on the corner and crashed the bumper, but he did not report it to the company in time. Later, he quarrelled with the department leaders in his work and was dismissed by the unit, and he did not get any compensation.

After the trade union provided legal aid, recently, the Arbitration Commission decided that the unit paid to Shi Da Gong the double wage difference between the labor contract and the illegal compensation for labor relations, amounting to 44 thousand yuan.

"In August 10, 2015, I was employed by the chemical industry and trade company. After entering the office, the unit has not signed a labor contract with me. In July 29, 2016, the unit dismissed me and refused to pay any compensation. " Shi Dagong said.

After nearly a year's work, why did the unit unilaterally dissolve the labor relationship? For this, Shi Da Gong said that in the afternoon of July 18, 2016, the director Li sent him to drive to deliver the goods, along with his colleagues Lao Liu and Xiao Zhang. On the way, he found that the car he was driving was faulty: there would be intermittent fire.

Shi Dagong pulled over to the roadside and opened the machine for a while. It didn't open for a few minutes after the road, and the car stalled again. So repeatedly repaired three times, the trouble has not been eliminated.

Helpless, Shi Da Gong told Li director about the condition of the vehicle. Director Li asked him to drive the car back to the company first. Unexpectedly, the car bumped into a pole when turning around, causing the front bumper to crack. Seeing this, Lao Liu and Xiao Zhang would like to call Mr. Li. He said, "forget it, go back to it."

After returning to the unit, neither of the three men mentioned it again.

Two days later, in the morning of July 21st last year, Shi Da Gong was called to the office. Director Li's face was full of anger. "When you drive your car, you have to scrape it up. Now let's not tell you what's going on. Why don't you report it? The company clearly stipulated that the vehicle accident should be notified to the department leaders for a few days. Why didn't you report it all the time?"

Director Li asked him, "how can we solve this problem?"

"We have studied, the car must replace the original bumper, the money you go out. According to the company's rules and regulations, you have to pay a fine of 200-500 yuan. In view of your attitude, you must write a guaranty to prevent similar incidents from happening again. " Shi Da Gong disagrees: "I hit the car, bumper can be changed, how much money I will recognize. But when the car broke down, it hit the pole, so the penalty was fine.

Say, the two people quarreled. At this time, a foreign customer came to negotiate business. After all persuasion, he agreed to pay for the bumper, pay a fine of 200 yuan, and write down the guarantee, which means that he will work well in the future.

Another day, the Department arranged for three people to clean up, such as Shi Da Gong. Two hours later, director Li inspected in the past and found that the hygiene was not thorough enough. When Shi Da Gong was looking at his cell phone, he shouted out, "are you so fooled that you can afford your wages? You can't work like a donkey, but you have to whip your talent!"

Shi Da quit: "who is the donkey? Can you speak?" said he and director Li again quarrelled.

In the afternoon, director Li told SHDA Gong: "the company has studied and decided that you have been dismissed from now on."

Shi Dagong asked the unit to pay the economic compensation to him, and he applied for labor arbitration after being refused. He requested the unit to pay the double wage compensation and illegal compensation for labor relations which had not signed the labor contract.

Subsequently, he went to the legal service center of Beijing Federation of trade unions for legal aid. Legal Service Center Assignment Labour Union Lawyer Zhou Yu acted for him.

After listening to Shi Da Gong's introduction to Zhou Yu's affairs, Zhou Yu asked him, "what rights do you apply for labor arbitration?"

"I request the unit to pay the economic compensation for the termination of labor relations, and the double compensation for not signing the labor contract."

"You ask the other party to pay 20 thousand yuan to remove the economic compensation for labor relations. What is the basis for that?" "I do not know." That day when I asked for a written amount when I filed an arbitration case, I wrote the number at random.

"You said you were recruited in August 10, 2015. Are there any proofs of your entry time?" "No."

"You said you were on a business trip after entering the office. Where did you go on business and how long did you go there? Do you have a ticket or mail?" "it's a business trip to the northeast, and I can't remember which day it is. It's a ticket bought by the company." A few days after returning, I went there again. "

"Can you find out your train ticket to Northeast China on August?" Shi Da Gong shook his head. Zhou Yu told him: "if you can not prove that you are in August 10, 2015, the Arbitration Commission will not support your request."

Next, Zhou Yu instruct Shi Da Gong to collect evidence, how to respond to it in court, and then write an agent opinion.

Work pays no attention. With the careful preparation of Zhou Yu's lawyer, when the arbitration session was held, the claim of stadg was supported by the Arbitration Commission, which ruled that the chemical industry and trade company paid a total of 44 thousand yuan for the double wage gap and illegal compensation for labor relations.

Zhou Yu lawyers said that there are two main issues in the labor dispute: first, the labor contract has not been signed for double pay compensation; the two is illegal compensation for labor relations.

On the first question, Shi Da Gong worked in the company from August 10, 2015 to July 29, 2016 in the science and technology company of the chemical industry. When the unit tried to arbitrate, there was a labor relationship between the two parties during this period, but no labor contract was signed. The eighty-second provision of the labor contract law stipulates that the employer shall pay two times the monthly salary to the worker if he fails to conclude a written labor contract with the employee for more than one month after the day of his own employment. " Labor Contract Law The seventh provision of the Implementing Regulations stipulates that if the employer has not completed a written labor contract with the employee for a full year after the day of his employment, he shall pay the laborer two times the monthly salary in accordance with the eighty-second provision of the labor contract law on the day before the date of full employment for one month from the day after the day of his own employment. Accordingly, the Arbitration Commission finds that the unit should pay compensation for the difference between the two times of the labor contract that has not been signed.

For the unit that paid the illegal labor relations compensation by the company, the chemical industry and trade company submitted the evidence of "crash incident", "guarantee", "company management system" and so on in the court trial. It was used to prove that the company's actions to terminate labor relations on the grounds of Shi Da Gong's serious violation of the company's rules and regulations in July 29, 2016 were based on law.

However, the "crash incident" is only a record made by the company unilaterally, which is not recognized by Shi Da Gong. Although the "company management system" indicates that the traffic accident of a vehicle is not concealed or not reported, it is a violation of the law. The unit may impose a fine or dissolve the labor relationship according to the seriousness of the case, but the company does not provide relevant evidence which has been publicized to stad Gong or clearly stated the contents of the company management system.

Although the guarantee shows that Shi Da Gong had a dispute with the department leaders in July 18, 2016 when he crashed a car bumper, and after he had written the guarantee by Shi Da Gong after the incident, the company did not provide evidence for the termination of labor relations with Shi Da Gong because of the incident. Guarantee "If the company did not provide the original copy for verification, it could not prove the company's claim, so the arbitration committee accepted the statement that the unit advocated by Shi Da Gong in July 29, 2016 broke the law and dismissible labor relations.

According to the eighty-seventh article of the labor contract law, "the employer shall terminate or terminate the labor contract in violation of the provisions of this law, and shall pay compensation to the laborer in accordance with two times the standard of economic compensation stipulated in the forty-seventh provision of this Law". The two item is that the science and trade company of the run chemical industry shall pay 44 thousand yuan compensation to Shi Da Gong.

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