Total beside us meeting has such a few people
Their profession and income let person envy
They are active to the job assiduous
But be servantchoosed a person for a job unit with " violate discipline badly " for remove ahead of schedule labor contract
Break the law to let an unit pay remove labor contract compensation, they apply for labor dispute arbitration first, backward forensic to lodge a complaint, but did not win support. Their " does thought for the time being " why does the road step forward dimension difficult? The desk of dispute of contract of a few labor that careful of near future of court of people of Shanghai mayor peaceful division writtens guarantee tells people: Laborer, should use up faithful obligation.
Order makes the false adviser that rent a house
Wang Hao of 36 years old is in relief, into duty company of intermediary of house property of a network held the position of a clerk in April 2015. With numerous colleague, in company interior, he is called " the adviser that rent a house " . On September 28, 2015, he what working, get a short message that company hair comes to suddenly: "Via checking solid, you are put in the contract to make false conduct during hold a post, according to the company relevant provision this day gives discharge. " subsequently, the service that bark bright this world is belonged to by go back place sends a company. Of the same age on October 12, the service sends a company to be given out to bark bright this world remove labor contract announcement, state bilateral labor contract concerns to remove since September 28, 2015.
Enter office 5 months, take everyday hire a guest to see a room, upstairs and downstair run around here and there, should be in already landlord and rent a settle or live in a strange place between good word deal with, should complete a company again a series of " compulsory exercise " , it is not easy that bark bright this world hires room adviser this to be become really. Be less than half an year by company discharge, such ending barks bright this world cannot be accepted. Very fast, he breaks the law with the company remove for labor contract, to labor personnel matters arbitral committee applies for the arbitration, requirement service sends a company to compensate for his performance pay to reach break the law remove labor contract compensation adds up to forty-two thousand five hundred yuan, company of house property intermediary assumes joint liability. Arbitral appoint in relief without supportive bark bright request. In May 2016, bark bright this world is sued to court length peace with similar request.
The court is found out via cognizance, firm of intermediary of experience case house property's advisory to renting a house work outstanding achievement undertakes administrative through OA system, sheet of every gather syncretic hires the adviser that rent a house business, the data such as group photo of tripartite of the photograph of scene of photocopy of photocopy of Id of the contract of beard general building that rent, affirmatory book, both sides that rent, house property card, room and landlord, tenement, adviser that rent a house uploads company OA in the system, the data that the company records according to this system undertakes assessing. In front courtyard careful, through bilateral quote qualitative card, the court thinks, the evidence that company of intermediary of experience case house property provides can prove, in the involves 9 contracts material that bark bright this world uploads, put in different property and owner to use same piece of circumstance of the photograph, the circumstance that the owner that owner Id photograph and tripartite group photo still exist in the meantime does not accord with. Bark bright this world is working accident to this explanation, the court thinks, think according to uploading amount, this one accident is not occurrent, the court approbates two the accused to consider as Wang Hao the view that in relief intended place is. The court thinks at the same time, the performance wage that bark bright this world did not hold with respect to its provides corresponding evidence, the agree carries quote incapable adverse consequence, satisfy a court decision to reject its entire lawsuit request.
Judge commentate case
This case undertakes of judge a surname points out, OA system is company of intermediary of experience case house property the basis that undertakes to hiring room adviser business canal accuses to reach pay of plan hair performance and business deduct a percentage from a sum of money, accuser uploads the behavior of disloyal data, disturbed already the management of the company, also have violate honest credence principle. In the meantime, of company of intermediary of experience case house property " the salesperson examines way " classics duty generation can vote pass and classics is fair show, can regard processing as the basis of this case controversy. This method sets, once discover incumbency of the adviser that rent a house has one sheet of false order, make discharge processing, all becoming monoculture is useless, buckle punish all answering the performance pay of settle accounts and deduct a percentage from a sum of money. Accuser carries out false order to violate discipline badly to belong to all right, ought to bear the consequence that causes from this.
The business affairs analyst of tattle
In August 2016, did not obtain introduced from the northern and western nationalities or from abroad duckweed of support in labor dispute arbitration, with sending a company to remove ahead of schedule labor contract breaks the law for Xiang Changning court is sued, seek redress breaks the law remove labor contract compensation more than yuan 228 thousand. After put on record, the court increases place of delegate of Shanghai of company of some foreign country to join suit jointly as the accused lawfully. Make public sessional cognizance via two, the court made a thorough investigation of the cause and effect of bilateral issue.
April 2009, duckweed of introduced from the northern and western nationalities or from abroad duckweed and some service send a company to sign labor contract, send duckweed of introduced from the northern and western nationalities or from abroad duckweed to reach place of delegate of Shanghai of company of some foreign country to be engaged in business affairs analysing the job by this company. In March 2015, both sides signed contract of before controversy happening last labor, deadline is came in April 2015 in April 2017. Contract agreement, duckweed of introduced from the northern and western nationalities or from abroad duckweed if because disobey Party A (the service sends a company) or tripartite (delegate of foreign company Shanghai is in) regulations system, or those who produce code of be good law to set is other remove the item that labor contract concerns and be removed to use labour to concern by tripartite, party A has authority to remove contract. In the meantime, duckweed of introduced from the northern and western nationalities or from abroad duckweed and delegate place signed triplet complement agreement, the agreement plays without the delegate first written agree, employee must not suffer except the business that the delegate manages employ or suffer hire undertake any other business or activity at any firm, company or other public figure. Stuff is right if original meaning Wu has any disobeying, can be dismissed immediately. Compensatory agreement returns an agreement, duckweed of introduced from the northern and western nationalities or from abroad duckweed ought to abide by company of this foreign country " business ethics policy " and " interior trades policy " . In addition, mixed in September 2014 April 2015, duckweed of introduced from the northern and western nationalities or from abroad duckweed still signed two " employee intellectual property and confidential agreement " , agree duckweed of introduced from the northern and western nationalities or from abroad duckweed has confidential obligation.
In November 2015 the middle ten days of a month, the delegate is in director of chief delegate, human affairs and lawyer to talk with duckweed of introduced from the northern and western nationalities or from abroad duckweed jointly, inform her clearly, because offend company internal system, remove with her the relation that recruit.
The relevant fact that the court finds out is, mixed in September 2013 in April 2015, duckweed of introduced from the northern and western nationalities or from abroad duckweed holds the position of inspect thing in S company and H company early or late, the share of company of S of contributive hold. S company is the partner of H company, before be in by the delegate, chief delegate holds the position of executive trustee. In addition, duckweed of introduced from the northern and western nationalities or from abroad duckweed returns the way with email, to afore-mentioned S companies a partner is sent involve company classified file. In talking that day, duckweed of introduced from the northern and western nationalities or from abroad duckweed admits to send email is her " innocently in the mistake that commits " . Talk that day, delegate place is given out to duckweed of introduced from the northern and western nationalities or from abroad duckweed " stop advice note of the relation that recruit " , send a company to send to the service " depletion of numbers informs " , the requirement deals with the formalities that quit work. Later, duckweed of introduced from the northern and western nationalities or from abroad duckweed applies for labor dispute arbitration to did not win support. This year in Feburary, court length peace enters a judgement to this case,
Judge commentate case
Undertake of judge a surname points out, the controversy focus of this case, it is whether accuser has the act that violates professional ethics during hold a post. According to the fact that find out, during delegate place holds a post, accuser was not obtained agree with do sth without authorization to be in the company that has concern of competition of a person of same business with delegate place to hold a post contributive share, this behavior harmed the legal interest of company of experience case foreign country, violate the relevant regulation of this company, also violate professional ethics. In the meantime, accuser sends the content of email to other, it is the client data that accuser is based on functionary control, the business that attributes delegate part is private. The behavior of accuser violated the agreement of confidential agreement. Two the accused remove with accuser accordingly the relation that recruit, remove labor contract, not lawbreaking regulation.
The product manager that privately trades
On Feburary 8, 2017, shanghai grows peaceful court to accuse to accuser Zhu Ling the accused promotes desk of dispute of contract of labor of beautiful trade limited company to enter a judgement: The company that allow fine should pay overwork salary of delay time of bright red Ling to reach did not rest year of off salary twenty-two thousand eight hundred yuan, reject Zhu Ling other suit request. Other suit of Zhu Ling requests, it is to ask compensation of the company that allow fine breaks the law remove labor contract compensation 392 thousand yuan. In the labor dispute arbitration before half an year, arbitral appoint this request that did not support Zhu Ling likewise.
The thing wants working experience of Cong Zhuling to speak of. September 2005, zhu Ling of 28 years old sends Shanghai of Hong Kong some company to represent department work via the service. After several years, the company that allow fine holds water, delegate place is cancelled. In September 2015, the service sends company, Zhu Ling and tripartite of the company that allow fine to sign an agreement, stop each other the contract between concerns. Same day, zhu Ling signed deadline to be with the company that allow fine came on October 1, 2015 the labor contract September 30, 2016. In afore-mentioned much portion contracts, zhu Ling's workplace did not change, post is " product manager " , represent the company that allow fine and business of supplier arrange with namely.
On April 28, 2016, the company that allow fine with Zhu Ling " company rules system is violated already badly in the commercial act beyond our company " for, remove bilateral labor contract.
The court is found out via cognizance, july 2011, zhu Ling creates a trading company in Shanghai, partner is Zhu Ling and her husband, the legal representative is Zhu Ling. Zhu Ling has a company additionally to be set in Hong Kong, former director is Zhu Ling, change was husband of bright red Ling in May 2015. Zhu Ling admits, shanghai company and Xing Jia company divide coincide in upside of scope of operations.
Via bilateral quote qualitative card, the court affirms, since 2014, the supplier of the company of nominal Xiang Xingjia with Hong Kong company buys Zhu Ling product, ask this supplier buys the home to deliver goods to what she appoints, wait for a supplier to finish after produce and delivering goods, buy the home to pay Hong Kong company of Zhu Ling, zhu Ling pays again supplier.
2015, buy Zhu Ling of domestic start aside to be purchased to the supplier directly, immediately of bright red Ling because of quality problem sequestered supplier payment for goods. The supplier is informed when to Xing Jia the company is mirrorred, the former company that allow fine is right this not know the inside story, zhu Ling sets company privately and supplier of the company that allow fine to trade oneself the behavior that gain profit discloses at this point.
In labor arbitration and judicial cognizance, zhu Ling undertakes explaining for his behavior. Zhu Ling says, her husband and supplier had had 2014 trade, she is right this not know the inside story. And she and Xing Jia company concern at just building labor in October 2015, trade to did not concern with this. The company that allow fine agrees to pay delay time overwork salary to reach did not rest year of off salary, but do not agree to pay compensation stoutly.
Judge commentate case
Undertake judge Gu Zhengkai points out, the commercial action that whether during this case both sides works to accuser, is engaged in with the accused the interest conflicts exists controversy. The business ethics that the accused offers and code of conduct set employee clearly to reach commercial act to be able to bring about potential benefit to conflict in the service concern beyond the company, concern employ be removinged. Accuser knows perfectly well regulations content, put in the Shanghai company of coincide of scope of operations with the accused at be being established during the job however, purchase goods to the accused supplier with the name of Hong Kong company. Afore-mentioned behavior of accuser violated the regulation of regulations system badly already, the honest honor that also violated laborer to ought to be abided by and faithfulness are compulsory, reason the accused removes accordingly bilateral labor contract is not had undeserved.
Judicatory observation
Laborer should fulfil faithful obligation
Contract law of our country labor set the basic principle of honest credence clearly, among them the specific provision of many article accumulate contained the content with faithful and compulsory laborer. If laborer disobeys service period agreement to ought to pay penalty due to breach of contract; Unit of choose and employ persons and laborer can agree conservative trade secret and the confidential item related to intellectual property; Laborer disobeys contest course of study to restrict an agreement to ought to pay penalty due to breach of contract to wait a moment.
Accordingly, the morality of faithful and compulsory since of laborer asks, also be legal requirement.
Faithful obligation can divide laborer to be mixed for nonfeasance obligation regard obligation as two kinds.
Nonfeasance obligation includes: Relationship of the obligation of the obligation of confidential obligation, limitation of contest course of study, opinion on public affairs that is not harm unit and behavior, multiple working restricts obligation. Include as obligation: Obedient obligation, well-meaning obligation, service period obligation, tell obligation, hind the contract is compulsory. Above paragraphs place brings the worker of case, there is the action that damages rights and interests of unit of choose and employ persons in fulfilling labor contract, disobeyed laborer the nonfeasance in faithful obligation is compulsory.
In lawsuit, unit of choose and employ persons removes with laborer ahead of schedule whether does labor contract break the law, quote responsibility is assumed by unit of choose and employ persons. This is a kind of quote regulation protection to laborer. But, while law is protecting laborer to close right increase, also protect the legitimate rights and interests of unit of choose and employ persons.
Above paragraphs in 3 case, compensation of unit of laborer requirement choose and employ persons breaks the law remove the litigant request of labor contract compensation is rejected by the court. Because, him proof that unit of experience case choose and employ persons offers shifts to an earlier date the evidence with legal end an agreement is not had can dispute, the fact that relevant laborer exists to violate discipline badly is unassailable.
The amount that from experience case appeal of a few laborer compensates for is knowable, they are in hold a post the income of the unit is not low. The able-bodied person that unit of this since choose and employ persons pays is right valence, also be one kind when what have capacity to them is approbated with the evaluation. They are able person, clever people. Regretful is, they by oneself " clever " by accident, become the contract trifling matter, inspect defend it is about pedantry. Not say hard field of duty of base oneself upon, even if also is met sooner or later in the life be rebuffed.
Final small finally make up want to say
