On May 2 afternoon, court of intermediate people of Zhan Jiang city holds a press conference, reported Zhan Jiang to media the relevant case that 2013-2017 of two class court hears labor dispute case every time, release typical case 5 cases at the same time.
Case
1
The change of work station
Need to talk things over via unit of choose and employ persons and laborer
In March 2014, chen Mou enters A company to hold the post of forklift driver. November 2016, this company executes forklift driver to enter into an election contest mount guard, chen Mou loses an election, be arranged to pursue job of go on a tour of inspection of leather belt machine, but Chen Mou rejects to relieve guard, both neither answers former post job, also do not report for duty to new post. In January 2017, this company stops to extend Chen Mou's salary, stop to be charge of its pay social security to wait.
The court thinks
Although A company and Chen Mou are in " labor contract book " in the working station that conventional A company can need pair of Chen Mou because of production undertakes adjustment, but the A company mix to Chen Mou hillock (be versed in to leather belt go on a tour of inspection from forklift driver) the working arrangement that does not belong to same kind post, already belonged to the change of post, work namely the change of contract content, basis " contract law of labor of People's Republic of China " thirtieth 5 regulation, need the negotiation via bilateral party. Because this case moves hillock content mediumly to talk things over without bilateral party,reach unanimous opinion, chen Mou does not groom to the front of new department reports for duty to also do not attend hillock already, basis " Guangdong saves senior people court, Guangdong to save controversy of labor personnel matters to arbitrate committee works about cognizance case of human affairs controversy the informal discussion summary of a certain number of problems " the 29th regulation, can regard A company as to put forward to remove labor contract, chen Mou expresses to agree with behavior, reason A company should pay economy to compensate gold to Chen Mou.
Case
2
Find an excuse of unit of choose and employ persons of female worker pregnancy removes labor contract
Chen Mou holds the post of financial department cashier at joining duty B company on October 16, 2012. On Feburary 27, 2017, chen Mou is pressed pay a proof general manager of district of one-way B corporation Liang Mou paid 200 thousand yuan, should pay a proof there are Zhou Mou of financial manager Li Mou, general manager and Liang Mou of district general manager to sign on sheet. During, chen Mou already had pregnancy. Of the same age on March 10, chen Mou receives B company to remove the announcement of labor contract cases, carry bright " because Chen Mou exists to did not press formulary classics,pay of 200 thousand violate compasses fact badly, give discharge processing especially " . After leaving his post more than 10 days, chen Mou birth plays one boy.
The court thinks
Financial examination what attributive and director lead is fluctuant should communicate in time fulfil financial personnel. B company proves without evidence its already examined and approve company finance affairs attributive and the announcement that are in charge of a leader to change to communicate Chen Mou, also prove without evidence Chen Mou delimits before this case turn of other money examine and approve a person to be different from delimit turn this case 200 thousand yuan examine and approve a person, indemonstrable Chen Mou violates on purpose intentionally the regulations system of company interior.
Basis " contract law of labor of People's Republic of China " the 42nd regulation, below the case that B company is proving to Chen Mou violates company rules system without evidence, at the labor contract with Chen Mou removing during Chen Mou is pregnant, belong to violate act badly, the agree carries corresponding legal consequence. According to the State Council " female worker labor protection is special regulation " mix the 7th the 5th times, " Guangdong province salary pays byelaw (amended 2016) " mix the 19th times " Guangdong province population and family planning byelaw (amended 2016) " thirtieth regulation, chen Mou enjoys legal 98 days maternity leave and Guangdong province " Guangdong province population and family planning byelaw (amended 2016) " 80 days of maternity leave of award in all 178 days. During maternity leave, b company should pay normal salary to Chen Mou. Maternity leave salary and break the law remove the economic compensation of labor contract is both do not conflict, do not belong to include concern with what be included. Reason adjudicates B company pays economy to compensate gold and maternity leave salary to Chen Mou.
Case
3
Unit of choose and employ persons did not sign the venture of written contract with laborer
On May 1, 2014, zhou Mou is engaged in agitate concrete into duty C company pouring the model works, but C company did not sign labor contract with its, buy social insurance for its, only probation of as oral as its agreement and salary. On May 13, 2015, performance is poor during C company works with Zhou Mou, different idea adjusts post and for many times do sth without authorization brings back company test block the home for, make discharge to Zhou Mou and fine 5000 yuan processing to decide. Morrow, zhou Mou stops to work in C company. Subsequently Zhou Mou arbitrates to labor committee applies for labor to arbitrate, during, xu Mou of C company staff reports a case to the security authorities to door of the Ministry of Public Security point to say Zhou Mou steals company article.
The court thinks
Basis " China people country and country work contract law " the 82nd the first regulation, labor contract is signed with Zhou Mou inside a month since the day that C company at latest should be versed in at be being used actually, the day that will be versed in at using otherwise assumes the responsibility that pays pair of times differential to Zhou Mou since the morrow of a month completely. In this case, c company did not sign labor contract with Zhou Mou lawfully, reason C company should pay to did not sign pair of times differential of written labor contract to Zhou Mou.
C company removes to concern with the labor between Zhou Mou prevenient, report a case to the security authorities to public security mechanism after, and C company fails to refer public security mechanism to investigate the corresponding evidence that Zhou Mou steals fact of its company article, inform against Zhou Mou in order to have company stuff only theft advocates its are lawful for company cement products remove to concern with the labor between Zhou Mou, do not have at the law according to, do not grant to support, reason C company should pay to Zhou Mou break the law remove the economic compensation of labor contract.
Case
4
Economy cuts down the member of persons employed should report to local labor department
Rong Mou joint-stock company is to appear on the market company, company of Rong Mou Guangdong is the subsidiary of Rong Mou joint-stock company, d company is the subsidiary of company of Rong Mou Guangdong. Wang Mou joined joint-stock company of duty Rong Mou on July 16, 2013, was worked to D company by company arrangement temporarily transfer in May 2014, signed contract deadline to come with D company on September 2, 2014 September 2, 2017 " labor contract book " . On January 16, 2015, rong Mou joint-stock company decides Rong Mou Guangdong company and D company become organizational system to incorporate, d company by management of company of Rong Mou Guangdong, but do not undertake industrial and commercial change is registered. Of the same age on Feburary 2, company of Rong Mou Guangdong gives out to committee of its union committee and D company labour union " personnel of the part after about Rong Mou Guangdong company and D company incorporate cuts down tell letter " : The decision cuts down the member of persons employed 20 people, wang Mou ranks list cutting down the member of persons employed. Company of Rong Mou Guangdong and committee of D company labour union part reply: Agree with the decision that cut down the member of persons employed. On March 3, 2015, company of Rong Mou Guangdong is mixed to local power natural resources social security bureau (bureaus of next company weighing a person) refer " the application that after company of Rong Mou Guangdong and D company incorporate into organizational system, cuts down to partial employee " . Morrow, person company bureau makes written reply to a subordinate body, agree with the application cutting down the member of persons employed of company of Rong Mou Guangdong, the demand has been done remove the job such as the employee compensation that labor concerns.
The court thinks
This case controversy focus is: Whether does D company exist break the law remove with the behavior that the relation works between Wang Mou. In this case, although company of Rong Mou Guangdong and D company already became organizational system to incorporate, but this are amalgamative belong to company interior to supervise work, be in jural both the legal person that still is mutual independence, and D company did not undertake industrial and commercial change is registered, reason and Wang Mou put what the contract concerns in labor to remain D company. Although company of Rong Mou Guangdong already referred application cutting down the member of persons employed to get approving to the person company bureau of its seat, but the effectiveness of this give an official not as good as at D company. D company shares employee before cut down the member of persons employed 90 people, in the 20 people that are cut down, belong to D company staff have 13 people, exceeded 10% of company staff sum total. Basis " contract law of labor of People's Republic of China " the 41st the first regulation, d company should shift to an earlier date 30 days to labour union or all worker shows a case, listen to labour union or after the worker's opinion, will cut down personnel plan reports to labor service. Although D company is given out to its union committee cut down the member of persons employed tell letter, but did not fulfil the obligation that reports to labor service, violated afore-mentioned regulations, of its and concern of contract of Wang Mou labor remove to be belonged to break the law remove labor contract, reason adjudicates D company pays economy to compensate gold to Wang Mou.
Case
5
Defer of unit of choose and employ persons pays the compensation of salary
Yu Mou allows to provide a job high at entering morning some company on September 1, 2014. On August 17, 2015, morning some company with Yu Mou leave early 27 for, make to Yu Mou remove processing of labor contract concern, but did not extend to came in May 2015 to Yu Mou the salary during August 17. Yu Mou on August 27, 2015, to local area labor twice censorial squadron will complain morning on October 8 some company did not pay his salary and end of the year award. Resource of this area manpower and social security bureau were made on January 8, 2016 " appoint a book " , order morning some company pays salary to give Yu Mou. On September 9, 2016, this area labor is censorial the branch made relevant circumstance specification again, before saying, narrate " appoint a book " be its and morning are concealed in Yu Mou some company is in the circumstance dirty of labor dispute program to go out, " appoint a book " do not have sanction to party, not right also some company undertakes morning sequel is punished and be handled.
The court thinks
The equipment that Yu Mou regards morning as some company deputy always, attribute tall canal position, its ought to have the certain right that arranges the job by oneself. And the case that some company was not having computer check on work attendance to Yu Mou leaves morning, have not leave to next time with Yu Mou only for office place, maintain Yu Mou to belong to leave early namely, devoid objectivity, because of this morning some company removes to be belonged to with the behavior of contract of more than some labor break the law remove the behavior of labor contract. Although work according to what both sides signs contract, the ability after Yu Mou should work to be assessed one year according to assessment system classics completely is gotten end of the year award, but as a result of morning some company on August 17, 2015 home remedy breaks the law remove labor contract, bring about Yu Mou to cannot attend assessment, reason should the adverse consequence that some company bears You Chen to was not assessed, pay to Yu Mou end of the year award.
According to " contract law of labor of People's Republic of China " the 85th regulation, yu Mou requests unit of choose and employ persons to pay exceed the time limit to pay the compensation of salary, its ought to offer labor service to already instructed deadline of unit of choose and employ persons to pay, and the evidence that exceed the time limit of unit of choose and employ persons did not pay. Although Yu Mou offerred what make when area manpower resource and social security bureau " appoint a book " , but this area labor is censorial the branch made relevant circumstance specification on September 9, 2016 again, say " appoint a book " be its and morning are concealed in Yu Mou some company is in the circumstance dirty of labor dispute program to go out, " appoint a book " do not have sanction to party, not right also some company undertakes morning sequel is punished and be handled. Accordingly, some company pays morning of more than some request the compensation lack fact that defer pays salary and premium and legal basis, do not grant to support.
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