Six Case: Units Must Not Dismiss Employees At Will.

In fact, if there are six kinds of circumstances, units Dismiss Employees are illegal.

Female employees during pregnancy, childbirth and lactation

[case] because Liang Xiaoyan is often pregnant after pregnancy, and the company's job is "a radish, a pit", which inevitably affects the production of the company. Next, Liang Xiaoyan will face the date of childbirth and lactation. The company decided to terminate the labor contract which still has two years to go with Liang Xiaoyan.

Comment: the company can not dismiss Liang Xiaoyan. The twenty-seventh provision of the law on the protection of the rights and interests of women stipulates: "no unit shall reduce the wages of female workers for the reasons of marriage, pregnancy, maternity leave, breastfeeding, etc., and dismiss female workers, unilaterally dissolve labor (employment) contracts or service agreements. However, except for the termination of labor (employment) contract or service agreement. The fifth article of the special provisions on the protection of women workers' labor also points out: "employers should not reduce their wages, dismiss, dissolve labor or employ contracts because of the pregnancy, childbirth and lactation of female workers."

Employees who lose working ability due to industrial injury

[case] in September 11, 2016, Liu Xiaofei fell down 4 times due to a traffic accident on his way to work. In view of the traffic police department to determine the driver's responsibility for the accident, Liu Xiaofei was identified as a work-related injury by the relevant departments. Half a year later, the company dismissal because of its inability to engage in the original work or other work arranged.

Comment: the company has no right to dismiss Liu Xiaofei. " Industrial injury insurance Ordinance "Thirty-fifth, thirty-sixth, thirty-seventh, respectively, stipulate that workers who have been identified as grade 1 to four disabled due to work-related disability, retain their labor relations, withdraw from their posts and enjoy work-related injury treatment, and workers who have been identified as grade five or six disability due to work-related disability, reserve their labor relations, arrange work in proper way for the unit, and enjoy work-related injury treatment; and workers who have been identified as seven to ten grade disability due to work-related disability are not allowed to terminate their labor contracts in advance. If the workers propose to terminate their labor and employment contracts, they will be paid by the industrial injury insurance fund for one-off work-related injury medical assistance, and the employer shall pay a one-time disability employment subsidy.

Medical staff during sick or non occupational injuries

[case] in October 17, 2016, Gurif, who worked in a company for two years, was injured in a car accident when he left for a trip. He was hospitalized and treated for 2 months by hospital. The company was injured on the basis of Gu Li Fei's work, especially in such a long time, which would have a great impact on the work.

Commented: "the provisions of the medical period for the sick or non working injured workers" of the enterprises are second and third respectively. "Medical treatment period" means the time limit for the workers to stop working and get rid of the labor contract due to illness or non occupational injuries. "If an employee of a company needs to stop medical treatment due to illness or non occupational injury, he shall give three months to twenty-four months' medical treatment according to his actual working life and working time in this unit: a working life of less than ten years, a working life of less than five years in the unit for three months, and a five month period of six months." In this case, Gurif enjoys the medical treatment period, and the company shall not dismiss her.

　　 Length of service is fifteen years and distance. retire Less than five years' staff

[case] in November 15, 2016, Shang Xiaofang's company decided to lay off workers because of serious difficulties in production and operation. Shang Xiaofang has been working in the company for 17 years because of his lack of skills and performance, but he is going to retire in 3 years. But he is also one of the 27 employees laid down by the company.

Comment: the company is not doing the right thing. Article forty-second (five) of the labor contract law stipulates: "in a unit that has worked continuously for fifteen years and is less than five years from the statutory retirement age", the employer shall not terminate the labor contract in accordance with the provisions of articles fortieth and forty-first of this law, that is, the employer can not notify the relevant laborers in writing on thirty days ahead of schedule, or pay the labor contract for an additional month's wages, nor can the relevant labourers be included in the listed employees.

Employees suspected of having occupational diseases

[case] there is a certain occupational hazard in the work of Guan Lian Lian. At the beginning of December 2016, the company made great changes on the basis of the objective situation of its operation, resulting in the difficulty of fulfilling its labor contract with Guan Xiang Lian. It decided to dismiss the company on the basis of the extra monthly salary paid to the company.

Commented: the thirty-fifth law of the prevention and control of occupational diseases stipulates: "for workers working in contact with occupational hazards, the employer should organize occupational health examination before, during and after departure, in accordance with the provisions of the Department of safety in production supervision and administration of the State Council and the administrative department of health. The cost of occupational health examination is borne by the employer. Workers who have not undergone occupational health examination before leaving work shall not terminate or terminate their labor contracts. It is precisely because the position of Guan Xiang Lian has occupational hazards and discomfort has occurred, so the company is not allowed to dismiss her at will.

Staff members of full-time trade union chairmen, vice chairmen and committee members

[case] the labor contract signed by Yin Xiaoxiang and a company expired in early January 2017, and in the previous six months, she was elected vice president of the trade union by the company's staff for a term of three years. After the labor contract expires, the company takes the election as an employee, and the labor contract is a matter of the two sides, and the two are not related to each other. Regardless of Yin Xiaoxiang's repeated opposition, he is determined to let him leave immediately.

Commented: the eighteenth rule of the trade union law stipulates: "the full-time chairman, vice chairman or member of a grass-roots trade union shall extend the term of its labor contract automatically from the date of its appointment. The extension period is equivalent to that of its term of office. The term of the labor contract which has not yet been fulfilled is shorter than the term of office since the chairman of the full-time chairman, vice chairman or member is appointed, and the term of the labor contract shall be automatically extended to the expiration of the term of office. Except for serious personal negligence or statutory retirement age. " In the absence of serious negligence or statutory retirement age for Yin Xiaoxiang, it is doubtless wrong for the company to leave its job only on the basis of the expiration of the labor contract.

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