Law Lecture Hall: A Paper Dismissal Will Dismiss The Chairman Of The Trade Union.

A chairman of the enterprise union who conscientiously and conscientiously performs his duties during layoffs and layoffs eventually encountered the "rude" dismissal of the enterprise, not only did he not get a penny of compensation, but even dismissed the reasons and notices.

Luckily, he first thought of his "home", and the Pudong New Area Federation of trade unions came to the rescue for the first time.

In the whole trade union "zero threshold" legal aid, it lasted for 2 years. Recently, Li Ping (a pseudonym) received 43 yuan compensation for the right to win the lawsuit.

Li Ping, a trade union chairman of a company, declared a shutdown in 2011, and began in 2012.

On behalf of the employees, he began negotiations on behalf of the employees and the business side: how much compensation should be given to the employees, what are the demands of the employees, and where are the differences between the staff and the enterprises?

Li Ping is like an untiring "perpetual motion machine". He gave up his annual leave and served as many employees as possible.

The ongoing layoffs have lasted for 3 years. Under the efforts of him and trade union cadres, most of the workers have been satisfied with the termination of labor relations with the enterprises.

By 2015, only a few employees including Li Ping were left.

Li Ping can be said to have contributed to resolving disputes between enterprises and workers in the process of layoffs, but this has not brought him any good news.

In June 2015, the enterprise shifted the target of layoffs to Li Ping's elders: no compensation, no reason to be relieved, and even no prior notice of dismissal.

Li Ping, who has always insisted on dealing with labor relations in accordance with statutory procedures, was unprepared by the company's omen and made it difficult for him to understand.

In the process of reporting the layoffs to the higher level trade unions, Cao Lu town Federation of trade unions learned about the matter and the latter reported it to the Pudong New Area Federation of trade unions for the first time.

"After we understand the situation, we think it is our superior trade union's job to protect the rights of the president of the trade union."

Pudong New Area Federation of trade unions rights protection department staff said.

Very soon, in July 2015, the district was entrusted with the case of Shanghai Jiangtang law firm, a well-known Labor Law Institute in Shanghai.

Cui Yana, a lawyer who is fully responsible for the case, told reporters that several controversial points in Li Ping's case included the term of the chairman of his trade union until May 31, 2016. Whether the company unilaterally relieved the labor relationship violated the trade union law's special protection for trade union cadres, whether the company's suspension of work and production had an impact on his unpaid annual leave, and the allowance of the chairman of the trade union.

From the investigation and collection of evidence to the drafting of applications and submission of complaints, Cui Yana and his colleagues Huang completed all the procedures. The Pudong New Area Federation of trade unions also held meetings with lawyers on a regular basis to understand the course of events.

Finally, after two years of arbitration, first instance and second instance, the court decided that the enterprise should pay Li Ping's illegal release.

The total amount of compensation is 43 yuan, including the annual leave compensation and union chairman allowance.

"The key point in this case is the status of President Li Ping.

Around this identity, the termination of the labor contract before the term of office and the enjoyment of the union chairman's allowance are all the focus of controversy.

Among them, the president of the trade union enjoys the provisions of the General Council in the administration of deputy posts, but it has no legal protection. Fortunately, before Li Ping became president of the trade union, there was a letter from the enterprise to reply to the General Union of Cao Lu, which made clear the amount of allowance that Li Ping should enjoy. Although the amount of money was different in the specific implementation, the company actually fulfilled part of it.

Cui Yana analysis.

Li Ping's victory was benefited from the decision of the Pudong New Area Federation of trade unions to introduce professional social forces. It benefited from the early intervention of Cao Lu's general trade union, and also benefited from the professional ability of lawyers in the Shanghai triangle.

His success in safeguarding rights is the result of the mobilization of legal aid forces in Pudong.

"Trade union cadres are both our workers and our union's assistants, and their rights to maintain their rights and interests are duty bound.

The debate on the subsidy of trade union chairmen in the Li Ping incident is a typical example.

Zhang Lei introduced the Pudong New Area Federation of trade unions in charge of legal aid.

Cui Yana told reporters: "we have followed Li Ping's case for two years, from the investigation of the enterprise to the writing of the application form, from the arbitration to the second instance. At the beginning, it didn't expect that it would last for so long. But the agreement between the district and our law firm was clear, and the legal aid should be maintained to the execution, so long as the workers still need, our assistance will continue."

Lu Jingbo, director of the Labor Law Research Association of Shanghai law society and director of the Jianglian law firm, said that safeguarding rights is a very long and highly operational process. If trade union cadres fight alone, it is obvious that some of them are weak.

The Pudong New Area Federation of trade unions, through purchasing services and other forms, introduces professional power to be wise and efficient.

Lu Jingbo believes that trade unions take the initiative to intervene.

There are natural advantages. On the one hand, trade unions can effectively integrate resources and provide multifaceted services for workers. On the other hand, the participation of trade unions can effectively reduce the cost of safeguarding workers' rights.

The so-called "zero threshold" is to enable workers to enjoy the best quality resources at the lowest cost. Meanwhile, the trade unions also enhance the success rate of safeguarding workers' rights through the introduction of professional strength.

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