Agree in labor contract " clause of Xiang Yu the Conqueror " , accordingly do sth without authorization moves unit of choose and employ persons to use employee station and reduce employee wages, employee how does thought for the time being?
Recently, the labor dispute case that causes because of moving hillock issue together, classics court one, after 2 careful are tried, already adjudicated become effective.
It is reported, li Mou, female, 42 years old, live in south town of Zhang county the area just outside a city gate.
Li Mou is in at rising 2008 south Zhang some company goes to work, in July 2011, in June 2014 early or late two with south Zhang some company signs labor contract, final contract time comes to stopped on May 31, 2018.
Contract of the 2nd labor agrees, zhang some company recruits Li Mou to be engaged in store farm laborer hired by the year making south, run circumstance and working ability according to production, zhang some company has authority to undertake adjustment to fulfil of its post, firewood south, and still did not work to hillock after the announcement, regard as violate regulations system badly.
Zhang some company rose to be sure for society of Li Mou pay 2010 south.
Since March 2010, li Mou is in early or late south 5 branches of some company hold the position of Zhang inn is long.
After be being signed from contract of the 2nd labor, zhang some company did not arrange Li Mou to rest south year off.
In June 2017, zhang some company mails to Li Mou south send amounted to employee to move hillock advice note, li Mou tone is become to another branch order member.
After Li Mou reports for duty to new post, discovery and before the salary photograph of post is made an appointment with than was being reduced 60% , li Mou does not agree to adjust working station to go to work no longer.
After this, some company handed over Li Mou Xiang Nazhang to move hillock to fall firewood demur cases not if really.
Li Mou arbitrates to labor committee applies for the arbitration, on July 25, 2017, arbitral appoint the application that accepts Li Mou, and that day Xiang Nazhang some company service arbitral requisition carbon.
October 2017, arbitral appoint give a ruling, li Mou refuses to obey arbitral result, appeal to to the court, the request removes the labor between both sides concerns, sentence Ling Nazhang year of off salary after some company pays economy to compensate the 2nd gold, contract to sign, for Li Mou conduction archives and social insurance concern transfer the lawsuit such as formalities to request.
After the court is tried, think, unit of choose and employ persons and laborer talk things over consistent, can change the content that labor contract agrees. Conclude labor contract, ought to follow the equal and lawful, fair, freewill, principle that arranges consistent, honest credit.
In this case, the 2nd contract agrees working station of Li Mou is clearly " inn is long " , although have in the contract " adjust working station according to producing management circumstance and working ability " and " still did not work to hillock after the announcement, regard as violate regulations system badly " regulation, but this regulation eliminated laborer to be in apparently conclude and change labor contract equality freewill, negotiate consistent right.
According to labor contract law regulation of the 26th the first binomial, unit of choose and employ persons avoids his legal liability, eliminate worker right, this agreement is invalid, the job of one-sided of some company of the Zhang austral reason Li Mou post by " inn is long " adjust for " order member " behavior, not regulation of be good law. Accordingly, according to thirtieth of labor contract law 8 the first the 5th regulation, li Mou can remove labor contract obtains economy to compensate.
Remove about both sides the time of labor contract, should arrive in order to inform when the other side remove, arbitrate namely requisition service time on July 25, 2017.
After be being signed from contract of the 2nd labor, zhang some company did not arrange Li Mou to rest south year off, reason Li Mou requests to pay year of off salary to should grant to support.
Reason court decision: Li Mou and south some company removed Zhang on July 25, 2017 oneself remove labor concerns, zhang some company pays economy to compensate 49390.5 yuan to mix to Li Mou south year of off pay pay 5199 yuan, zhang some company deals with archives and procedures of social insurance concern for Li Mou south, reject other suit of Li Mou to request.
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Release: South court of Zhang county people
Civil: Pleasant wishs De Wangyi like that
Always the 501st period | Case wall bulletin 2018 the 29th period
