Case 1. Yang applied to Company A for personal leave, and the reason for the leave was "the old man at home was sick, so he asked for personal leave 15 days". Company A approved ... Yang made friends through WeChat after traveling abroad during the holiday.
Circle the photos of the play. After company A found out, it issued a notice of serious violation of discipline to Yang, and terminated the labor contract between the two parties on the grounds that Yang made up the reasons for taking leave to deceive the company. Yang sued Company A for paying compensation for the illegal termination of the labor contract. Court analysis: The court held that Yang's appearance in Europe required more preparations, and the short interval between his leave and the date of going abroad was enough to show that his trip was planned in advance and that he had a subjective intention to cheat. Although the laborer's behavior did not cause serious consequences, it obviously violated the principle of honesty and credit, and it can be considered that it has reached the level of serious violation of discipline.
Tip: Judging from the judgment of the first case, the court supported the company and invoked the principle of good faith. To be on the safe side, in order to avoid similar disputes, it is suggested to be detailed and clear in the rules and regulations.
Case 2. Company B informed Xue that the company needed to be transferred to Beijing due to organizational adjustment, and hoped that Xue's work place would be transferred to Beijing, and his post would remain unchanged and he would provide room stickers. Xue disagreed. After the adjustment, Company B has no staff in Shanghai. Hou Xue received the Notice of Dissolution of the Labor Contract from Company B, claiming that the labor contract could not be performed due to major changes in the objective conditions on which both parties concluded the labor contract. After consultation, no agreement was reached on changing the labor contract, and the company decided to terminate the labor contract. After Xue received the economic compensation paid by Company B, etc. Xue sued Company B for paying compensation for the illegal termination of the labor contract. Court analysis: In the above cases, the company thinks that employees should be compensated 1 times; Employees think they deserve double indemnity.
The focus of the dispute is whether the objective situation has changed significantly. In this case, the huge customer base and brand resources of Company B are all concentrated in Beijing. In order to meet the ever-changing training market, Company B cancelled the Shanghai department, otherwise the company would suffer huge losses. Although the adjustment department is the exercise of the company's independent management right, the main reason for this case is the major changes in the external market, which is in line with the legal component of "the objective situation has undergone major changes". In the case that the original contract has been unable to be fulfilled, the company has given suggestions for job transfer twice, and provided interview opportunities to the former Shanghai employees many times, and the negotiation form has been sufficient. In addition, the company provides housing stickers for employees from other places in Beijing, and makes great efforts to solve the housing problem of employees, showing sincerity in negotiations. The court finally found that the two parties failed to reach an agreement on changing the contents of the contract after consultation, which met the conditions for dissolution stipulated by law.
The above two cases were published by the court, and both were cases in which the judicial department supported the employer. In practice, when there is a dispute over the dissolution of a labor contract, it is more common for workers to win the case. Here are five important tips to terminate the contract from the enterprise's point of view: the common reasons for the employer to terminate the employee's labor relationship are: the employee does not meet the employment conditions, seriously violates the rules and regulations, seriously neglects his duty, causes great damage to the employer, is incompetent, and the objective situation has undergone major changes.
1. When the employer terminates the contract, it terminates the contract for some reason; If there is a dispute between the two parties and the reason for understanding the contract is changed in the arbitration commission or the court or the employer, then the judicial department will take this reason as the standard when exercising the right to terminate. Therefore, the reasons for terminating the contract should be prudent, realistic and can withstand scrutiny.
2. When the employer exercises the right of rescission, it often mentions several reasons for rescission. Then in the judicial process, multiple reasons will be examined one by one. As long as one of them meets the conditions for dissolution, it can be considered that the dissolution of the employer is legal and well-founded.
3. The expression of termination intention must be clear. For example, in practice, it is generally not supported for employers to infer that employees will leave automatically on the grounds that they have not come to work for a long time.
4. The laborer's behavior is a serious violation of discipline clearly stipulated in rules and regulations, labor contracts and other evidence, and if the evidence is conclusive, it can be directly identified as a serious violation of discipline. Here again, the importance of detailed and clear rules and regulations is emphasized.
5. The arbitrator/judge's free evaluation of evidence and the rule of thumb are often the basis for judging a case. Take the above case 1 as an example. Although the company does not stipulate such deceptive leave in specific rules and regulations, due to clear facts, the judge still believes that employees have violated the principle of good faith and the basic obligations of workers, which has reached the level of serious violation of discipline.