What Is The Responsibility For Breaking The Labor Contract Of Trade Union Workers?

It is illegal for an employer to unilaterally terminate or terminate the labor contract before the expiration of the labor contract, in violation of the relevant provisions of the labor contract law.

Under such circumstances, ordinary workers have the right to choose and continue to fulfill their labor contracts. If they do not continue to fulfil their labor contracts, they may be required to pay two times the economic compensation according to law.

(that is, two months' salary per job).

Trade unions are mass organizations that safeguard the legitimate rights and interests of workers. Special provisions have been made in order to protect the rights and interests of trade union workers.

According to the interpretation of the Supreme People's Court on Several Issues concerning the application of the trade union law of the People's Republic of China in the civil trial work, the sixth provision provides that the people's court shall try to resume the work of the employer when the workers and trade union workers have been dismissed from the labor contract because of their participation in trade union activities or fulfilling their duties prescribed by the trade union law.

Or, according to the request of the parties, the employer shall grant him two times the annual income, and refer to the eighth provision of the economic compensation measures for violating and relieving the labor contract to give the economic compensation for the termination of the labor contract.

Violation and termination

The eighth provision of the "economic compensation method" stipulates that the objective situation based on the conclusion of the labor contract has undergone major changes, resulting in the failure of the original labor contract to be fulfilled. After the parties concerned have not negotiated an agreement on changing the labor contract, and the employer has rescinded the labor contract, the employer has paid an economic compensation equivalent to one month's wages every year for a full-time year according to the working life of the worker in his unit.

Judging from the above provisions, there are two differences between trade union workers and ordinary workers.

First, the calculation method is different.

Compensation for ordinary workers shall be paid in accordance with two times of the economic compensation; compensation for trade union workers shall be paid two times according to their annual income.

The two is economic compensation.

For ordinary workers, they pay the economic compensation, no longer pay the economic compensation; they must pay the economic compensation for the union workers, and also pay the economic compensation.

For example, a laborer who works for eight years (5000 yuan per month) is disqualified from the labor contract. As an ordinary worker, the compensation is 8 months, 2 times x 5000 yuan =80000 yuan; if the trade union worker is compensated, it is 24 months (2 years) +8 months (economic compensation) =32 months * 5000 yuan =160000 yuan.

The difference between the two is 80000 yuan.

It embodies the special protection of law to trade union workers.

Related links:

Close to the year, for many migrant workers, getting paid is a perfect year.

What happens if there is a delinquency? According to the surveillance video of the report hall of Xi'an labor security supervision team, many people are waiting and asking for help every day.

In order to enable everyone to enjoy a happy year, the legitimate rights and interests are guaranteed. Since December 28, 2016, the seven departments of the Xi'an Municipal Bureau of social affairs and the Xi'an Municipal Construction Commission jointly form a "one hall" centralized office.

The special responsibility is to help migrant workers recover their arrears of wages.

As of yesterday, 650 batch of migrant workers were received yesterday, 202 complaints were received, involving more than 2300 migrant workers.

Reporters learned that the seven sector "one hall" action will continue until tomorrow, and up to now, the cases they have handled involve 28 million 850 thousand of the arrears.

Most of them are unpaid cases in the field of construction, most of which have disputes over project funds.

Due to the complexity of the reasons, there are many difficulties in getting paid.

Some migrant workers do not provide effective evidence of direct pay arrears, which makes it difficult for them to deal with them further.

At the same time, Xi'an city labor supervision staff also reminded workers if they encounter the situation of arrears of wages, we must keep good wages, attendance records and other relevant evidence, and for those who have not yet settled the fact of arrears of wages, they will also have the next step to deal with.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.