Civil and Commercial Perspective... Can compensation be paid for the termination of labor contracts in violation of the company system.
Published:
2024-07-17
On July 3, 2019, an information company signed a written "labor contract" with Zhang, agreeing that Zhang would serve as a children's English teacher. The term of labor is a probationary period of six months from the date of signing to the legal termination conditions. On May 17, 2023, an information company served a notice of termination of the labor contract to Zhang on the grounds that Zhang violated the company's rules and regulations and labor discipline, and terminated the labor contract between the two parties. Zhang applied to a district labor and personnel dispute arbitration committee for arbitration with an information company as the respondent.
1. brief
On July 3, 2019, an information company signed a written "labor contract" with Zhang, agreeing that Zhang would serve as a children's English teacher. The term of labor is a probationary period of six months from the date of signing to the legal termination conditions. On May 17, 2023, an information company served a notice of termination of the labor contract to Zhang on the grounds that Zhang violated the company's rules and regulations and labor discipline, and terminated the labor contract between the two parties. Zhang applied to a district labor and personnel dispute arbitration committee for arbitration with an information company as the respondent. Request confirmation of the existence of labor relations from July 3, 2019 to May 17, 2023, and request payment of compensation for illegal dismissal. A district labor and personnel dispute arbitration committee made an arbitration award in support of Zhang's request. An information company refused to accept the arbitration award made by a district labor and personnel dispute arbitration committee and filed a lawsuit with a district people's court. The author accepts Zhang's entrustment to act as an agent in the first instance.
2. trial perspective
The court held that: on the illegal termination of labor contract compensation. According to Article 87 of the the People's Republic of China Labor Contract Law, if the employer violates the provisions of this law to terminate or terminate the labor contract, it shall pay compensation to the laborer in accordance with twice the economic compensation standard stipulated in Article 47 of this law. According to Article 44 of the (I) of Interpretation of the Supreme People's Court on the Application of Law in the Trial of Labor Dispute Cases, the employer shall bear the burden of proof for labor disputes arising from the decision made by the employer to dismiss, remove, dismiss, terminate the labor contract, reduce labor remuneration, and calculate the working years of the worker. In this case, Zhang worked as a children's English teacher in an information company. An information company only submitted the "Zebra Tutor-Red and Yellow Line Violation Confirmation Form" that Zhang did not meet the requirements for communication with his parents. This confirmation form was not signed by Zhang. Therefore, an information company can not prove that Zhang seriously violated the company's rules and regulations, and Zhang's behavior did not cause serious losses to an information company, so as to achieve the degree of termination of labor relations. An information company terminated the labor contract on the grounds that Zhang seriously violated the company's management system. The factual basis was insufficient. It was an illegal termination of the labor contract and should pay compensation to Zhang in accordance with the above provisions.
3. author's point of view
In this case, there was a legal labor relationship between Li and an information company. On May 17, 2023, an information company terminated the labor contract on the grounds that Li violated the unit's rules and regulations. There is no factual and legal basis for the lifting of an information company. According to the provisions of Article 48 of the labor contract law, in the case of illegal termination of the employer, the laborer can choose to require the employer to continue to perform the labor contract or require the employer to bear the responsibility of illegal termination of compensation, but the two can only choose one. If the laborer does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of the Labor Contract Law.
1. Due to the legal labor relationship between Zhang and an information company, an information company illegally terminated the labor contract on May 17, 2023, and should pay compensation for illegal termination to Zhang in accordance with the provisions of the law.
In the lawsuit, an information company submitted a "Red and Yellow Line Violation Confirmation Form" with a red and yellow line management system to prove that Zhang's communication with his parents did not meet the requirements. The author believes that the procedures for formulating the management system of the red and yellow lines are illegal, because they have not been discussed by the workers' congress or all employees, put forward plans and opinions, and negotiated with the trade union or employee representatives on an equal footing. The content is also illegal and unreasonable. In the "Red and Yellow Line Violation Confirmation Form", Zhang did not know or sign it. Therefore, it is illegal for an information company to terminate the labor contract based on the work system formulated without legal procedures and publicized.
2, the labor contract involved in the termination conditions have not been fulfilled, early termination is illegal termination.
The "labor contract" involved in the case is a labor contract with no fixed term, which stipulates the legal termination conditions. During Zhang's employment, there is no legal termination situation. An information company forcibly terminates the "labor contract" according to Zhang's serious violation of the company's rules and regulations and labor discipline.
3. If an information company illegally terminates the Labor Contract, it shall pay compensation in accordance with the law.
According to Article 87 of the "Labor Contract Law", if the contract is terminated illegally and the labor relationship is terminated, compensation shall be paid twice the standard of Article 47. According to Article 47 of the Labor Contract Law, the standard of economic compensation is based on the number of years the worker has worked in the unit, and the standard of one month is paid for each full year. If it is more than six months but less than one year, it is calculated according to one year. If it is less than six months, the economic compensation of half a month's salary shall be paid to the worker. According to the above regulations, Zhang's working period is 4 years and 5 months, and the compensation should be double the salary of 4.5 months.
4, from the facts of the case, an information company should pay compensation.
(1) An information company has seriously violated the company's rules and regulations and labor discipline by Zhang, and the reasons recorded in the Notice of Dissolution of Labor Contract are only unilateral statements. The arbitration tribunal has verified that Zhang has not caused any economic losses and adverse effects, and has not reached the situation of serious violation of discipline. In the lawsuit, an information company did not submit new evidence and failed to prove that Zhang violated the company's system and caused losses or adverse effects to the company during his tenure. Therefore, the illegal termination of the labor contract should pay compensation.
(2) Whether Zhang violated the unit system and whether it affected the unit during his tenure is the basic fact of this case, and the unit should bear the burden of proof. If the employer unilaterally terminates the labor relationship on the grounds that the laborer violates the system in accordance with the company system, the unit shall have the relevant evidence to formulate procedures, publicize, and deliver to the laborer or organize the laborer for training and learning based on the management system, that is, the company It has the obligation to prove that the company system is binding on the laborer, otherwise it will bear the adverse consequences of illegal termination.
Attached to relevant laws and regulations
1. Labor Contract Law of the People's Republic of China (2012 Amendment)
Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the laborer at the rate of one month's salary for each full year of work in the unit. If it is more than six months but less than one year, it shall be calculated as one year; if it is less than six months, the laborer shall be paid economic compensation of half a month's salary.
If the monthly salary of a worker is three times higher than the average monthly salary of the employee in the previous year announced by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard for paying economic compensation to him shall be three times the average monthly salary of the employee. The maximum number of years for paying economic compensation to him shall not exceed twelve years.
The term "monthly wage" as mentioned in this article refers to the average wage of a worker for the twelve months prior to the termination or termination of the labor contract.
Article 87 [Legal Liability for Illegal Dissolution or Termination of Labor Contracts] Where an employing unit cancels or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.
2. (I) of Interpretation of the Supreme People's Court on the Application of Law in the Trial of Labor Dispute Cases
Article 44 stipulates that the employer shall bear the burden of proof for labor disputes arising from the employer's decision to dismiss, remove, dismiss, terminate the labor contract, reduce labor remuneration, and calculate the working years of the worker.
3. the People's Republic of China Civil Procedure Law (as amended in 2023)
Article 67 The parties shall have the responsibility to provide evidence for their claims.
The people's court shall investigate and collect the evidence that the parties and their agents ad litem are unable to collect on their own due to objective reasons, or the evidence that the people's court deems necessary for the trial of the case.
The people's court shall, in accordance with legal procedures, comprehensively and objectively examine and verify the evidence.
Article 264 If the person subjected to execution fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, the interest on the debt during the period of delayed performance shall be doubled. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, a delay payment shall be paid.
(Statement: This article is based on the author's experience summary of the point of view, only for the exchange of learning)
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