Legal knowledge wants a place: In the unit, employee fights is constant some thing, do this kind fight behavior whether direct discharge? Basis " labor law of People's Republic of China " regulation of the 25th binomial, abiding work discipline and regulations system is the main obligation of laborer, so laborer fights during the job, the behavior that is thought to violate work discipline or regulations system badly is in solid Wu, unit of choose and employ persons because of this discharge laborer, belong to remove legally labor concerns, need not pay compensation to laborer.
But, have the stuff that units of many choose and employ persons fight because of discharge, be maintained to form break the law remove labor concerns, pay compensation finally to employee, such legal precedent is very much also. Although be conduct of a kind of serious the violate the rules and regulations that violate discipline,fight so, but also should consider integratedly, direct discharge is formed easily break the law remove labor concerns. The author is summed up according to solid Wu case, if employee has,fight of behavior, these a few kinds of circumstances below should consider, form easily otherwise break the law remove labor concerns:
One, the responsibility that fight should distinguish somewhat. If one party has manual advantage, always bully puny employee, this kind of case is in a factory relatively common, puny employee is black-and-blue one party almost, if do not try to distinguish, simple and crude direct both sides all discharge, right puny employee one party is extremely inequitable. The author has acted as agent one case personally this kind of case, the unit loses a lawsuit accordingly.
2, the area that fight wants a consideration. If be in inside unit management limits, OK of course discharge. Some are employee after coming off work, go out fight, be not inside unit management limits, employee of this kind of circumstance fights to do not have associated sex with the unit commonly, the unit because of this discharge employee, form break the law remove the possibility that labor concerns is large.
3, the reason that fight wants a consideration. For instance, salary of embezzle part of what should be issued of unit of choose and employ persons, employee is in beg in wage process, the mood is ultra, with the branch director happening fights behavior, labor dispute happens below this kind of circumstance, court or arbitration appoint the matter that can consider to fight more, if do not have the consequence with serious what, still discharge employee, form likely break the law remove labor concerns.
4, the serious degree that fight wants a consideration. It is to push merely, slight limbs conflict, from often understand commonly on manage, can't constitute the act that violates work discipline badly, if do not try to consider direct discharge, be maintained easily remove to break the law labor concerns.
Employee fights is the objective fact of existence, unit of choose and employ persons produces labor dispute because of this discharge employee, arbitral appoint or the court needs to undertake cognizance to fact of this be related, staff of discharge of unit of evaluation choose and employ persons is legal, the meeting is right include not be confined to is afore-mentioned a few kinds of case have a consideration. Accordingly, although fight,be conduct of very serious the violate the rules and regulations that violate discipline, unit of choose and employ persons is in when making discharge handle, still ought to consider integratedly, form finally likely otherwise break the law remove to labor concerns and assume liability to pay compensation.
{! - - PGC_COLUMN- - }For better read and understand afore-mentioned legal knowledge points, the author shares the solid Wu case that a judiciary makes public in the network, undertook be arranginged accordingly mixing to the content of case collection, case viewpoint is used for study communication only!
Brief introduction of details of a case
Accuser Liu some state appeals to say: In August 2015 19, the manager of human affairs department of some hotel is oral inform I need not go to work after August 20, 2015, with day, prohibit I enter some public house, but did not give out discharge to prove me, some hotel belongs to unjustifiable solution to divide the labor contract with accuser.
Show my legitimate rights and interests to safeguard oneself, special to forensic to lodge a complaint, requirement: Sentence Ling Mou hotel to give pay break the law remove the compensation of labor contract 42000 yuan.
Some hotel dispute weighs the accused: Liu some state concerns because of violating discipline badly to be removed to work. Liu some state produced serious tussle action with the colleague on June 14, 2015, cause a colleague to be admitted to hospital cure is as long as 32 days, proposal complete rest 4 months, manage by me charge of medical treatment of pay for sb and expect to be repaid later 13200 yuan, the person that compensation of individual of Liu some state gets hurt 22000 yuan (classics understanding, liu some state does not have regret meaning, not active and active compensation, up to now have not compensate pays end) .
Basis " labor contract law " reach " employee manual " regulation, the accused was opposite on August 20, 2015 the behavior violating discipline of Liu Mou state make written remove working relationship processing, be the same as day of active service. Remove after file service, bangkegen occupies Liu Mou " employee manual " right of formulary exercise appeal, but Liu Mou state never the in any way advocates demur, bilateral labor concerns so far already essence removes, its violate travel notes to enter individual file to also be written down.
On put together, the accused removes to concern with the labor of accuser, specific and legal basis, not be prosecutor position break the law remove, because this the accused is beardless,pay compensation to accuser.
Adjudicate a point
Forensic cognizance thinks: The controversy focus of the case depends on: Some hotel should be denied to Liu Mou state pays break the law remove labor contract compensation the problem of 30500.
Because some hotel does not have labour union or employee delegate, of employee manual make not with labour union or worker delegate talks things over affirmatory, some hotel also did not offer sufficient and significant evidence to confirm its already will " employee manual " fair show or service gives Liu Mou state, basis " contract law of labor of People's Republic of China " the 4th regulation, the basis that this employee manual cannot remove to concern with work of Liu Mou state as some hotel. Liu some state was on June 14, 2015 inside the dormitory of some hotel with the colleague Qiu Mou produces issue because of quarrel, then causes affray, cause Qiu Mou slight injury, be admitted to hospital treat 32 days.
The court thinks, the dormitory is yard place is outspread, of Liu some state fight order of the regular job that behavior affected some public house badly, life, liu some state serves as behoove of person of competence of a completely civil action to know to fight the law that behavior place brings about is sequential, and of Liu Mou state fight behavior is damaged in the body that has created Qiu Mou in fact, cause Qiu Mou hospitalization 32 days.
Basis " labor law of People's Republic of China " the 3rd regulation, abiding by work discipline and professional morality is the main obligation of laborer, work discipline not only the regulations that includes system of unit of choose and employ persons to decide, system of rules of the labor order that still includes laborer to undertake social production and synergic place must be abided by, work, job and operation regulation.
Whether does laborer violate discipline to reach violate discipline serious, ought to with him laborer accountability the specific provision that regulation of the work discipline that abide by and the limit that institute of labor law plan sets or labor of interior of unit of choose and employ persons is about violating travel notes badly serves as measured level.
Basis " labor law of People's Republic of China " the 25th (2) regulation, laborer disobeys work discipline badly to perhaps servantchoose a person for a job of unit regulations system, unit of choose and employ persons can remove labor contract. Show the subjective fault from Liu Mou state, the respect such as consequence of behavior clue, harm has integrated consideration, the behavior of Liu some state already was belonged to disobey work discipline badly, some hotel can remove lawfully the labor contract with Liu Mou state, for this, the request that the court asks to Liu Mou state some hotel pays compensation does not grant to support.
Adjudicative result
The place on put together is narrated, the court adjudicates as follows: Reject the lawsuit of state of accuser Liu Mou to request.
The lawyer is commented on
In this case, because accuser Liu some state fights in unit dormitory by discharge, cause a colleague to be admitted to hospital cure is as long as 32 days, the body that gives a colleague Qiu Mou caused serious harm, case is abominable, sequential and serious, belong to the act that violates work discipline badly apparently. Accordingly, liu some state advocates to the court some hotel department breaks the law remove labor concerns, fail to get the court supports.
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