An investigation report that court of the 2nd intermediate people issued Beijing a few days ago shows, in labor dispute, of the enterprise lose a lawsuit rate be as high as 70% , and the following these 10 kinds of circumstances are almost 100% lose a lawsuit. Old law gentleman warns worker people in every case encounters these situations, dominant still in dispute processing, do not be stayed in by gally of unit of undesirable choose and employ persons flicker lives, should dare to safeguard the rights and interests that oneself is damaged.
NO.1 does not sign labor contract
Promulgated 2008 carry out " labor contract law " made first " the work is full a month did not sign written labor contract, unit of choose and employ persons needs to pay pair of times salary " regulation.
A lot of enterprises especially medium and small businesses advocate the regulation that does not know law, perhaps think not to sign labor contract to be able to dismiss employee at any time, do not need to be sure to the society on employee, can avoid legal responsibility, do not be willing so employee signs written labor contract. Below this kind of circumstance, want employee to be able to prove oneself and business presence labor concern only, so enterprise almost pair of times differential that the need of hundred pays to did not sign a contract.
NO.2 labor contract loses or be taken away by employee, the enterprise cannot prove to had signed labor contract
Return some companies, although signed labor contract with employee, but because its company management is lax, the labor contract that keeps by the enterprise is taken away when bringing about labor to the contract loses or be left his post by employee. When employee advocates pair of times differential to the enterprise, the enterprise cannot prove to had signed labor contract in fact, lose a lawsuit thereby.
After NO.3 labor contract expires, continue to work to sign labor contract without add however
After unit of some choose and employ persons believes to sign contract of a labor with laborer, come to an end big auspicious, whether does the contract expire without the attention, although notice a contract,perhaps expired but care nothing, bring about thereby when contradicting with enterprise happening when employee, when employee asks because of contract of written without renew one's subscription labor unit of choose and employ persons pays salary, unit of choose and employ persons can bear adverse legal consequence only.
NO.4 did not agree condition of probation personnel take sb on the staff
Major company knows, employee does not accord with employ condition is " labor contract law " the enterprise inside formulary probation removes the statutory requirement of labor contract. So, remove in order to break the law when employee for labor contract, accuse the company work when arbitral front courtyard, because employee does not accord with employ condition,the enterprise advocates its are repulsive mostly is.
However, when the member that should arbitrate asks the enterprise shows proof employee not to accord with the evidence of employ condition, enterprise however whats are taken do not come out, because this is maintained,remove to break the law. The main reason that creates situation of this kind of is unit of choose and employ persons not was in contract or regulations system the employ condition of conventional probation employee, also cannot prove employee does not satisfy employ requirement thereby.
NO.5 regulations system is not public show
A lot of enterprises the behavior for normative employee, made perfect regulations system. But the basis sets related labor contract law, regulations system needs to be made through democratic process and the course is general show just can be opposite employee become effective. When company quote this are not fair show regulations system and laborer to remove when the contract, because this regulations system is not public,meet in labor dispute show and be not approbated by the arbitration or court.
NO.6 regulations system although classics is fair show but did not withhold testimony
Sometimes the enterprise will made regulations system obviously fair showed, actual still even applicable very long, but because its did not stay fair shown evidence, once employee does not admit the enterprise carries reasonable kind fair showed this regulations system, the enterprise should face the dilemma that regulations system is not arbitrated or the court approbates likewise.
Record of NO.7 check on work attendance signs without employee affirm
A lot of companies perhaps work in company rules system mentioned expressly in the contract, absent from work or often be late is the act that violates company rules system badly, the enterprise has authority to remove labor contract. But the check on work attendance as a result of a lot of enterprises is artificial check on work attendance, only what him employee perhaps is in charge of personnel of check on work attendance sign, the signature that does not have employee however affirms. Because this evidence is forged extremely easily, so once employee does not approbate the authenticity of this check on work attendance, this kind of artificial check on work attendance cannot be used as evidence, make thereby of the enterprise remove to the behavior of labor contract does not have factual basis and be maintained to be break the law.
NO.8 produces the program that labor contract removes for major change with insufficient job or external state of affairs illegimate
It is OK that labor contract law set a company the 40th times employee removes for insufficient job labor contract, and the enterprise often is in easily applicable this clause removes when labor contract, oversight law condition of the buy before still setting namely: Via groom or adjusting working station. Work via groom or be being adjusted post is applicable insufficient job removes the premise of labor contract, do not satisfy this premise to be able to be arbitrated orgnaization or court are maintained remove to break the law labor contract.
Manage together, happen with external state of affairs at that time when labor contract removing for major change, also exist one negotiates modificatory labor contract to cannot reach consistent premise with laborer, if unit of choose and employ persons did not fulfill order of the buy before this, same meeting is maintained remove to break the law.
NO.9 removes the decision of labor contract or other writ not service personnel
The enterprise is in make remove after the decision of labor contract, when often leaving the member that present perhaps service gives the company to be versed in because of employee by rejection, did not adopt other measure to withhold the testimony of service to employee service. According to the general principle of civil code, the meaning expresses to want service to just produce effectiveness, so not of service remove labor contract announcement did not produce legal effectiveness namely. Remove when what the enterprise refers so when the decision of labor contract regards bilateral labor as the evidence that the relation has removed, want employee to deny only got this decision, arbitral orgnaization and court can decide nondelivery because of this namely and do not grant to approbate.
Manage together, other legal files are like nondelivery employee, won't be arbitrated orgnaization or court are approbated likewise.
NO.10 abuse removes authority
A lot of enterprises often in order to be like " with the enterprise development direction nots agree with " , " do not accord with company culture " wait for the argument with a few very equitable flatter oneself to remove the labor contract with employee, still think in the arbitration or lawsuit oneself decision is reasonable and lawful.
In fact, labor law and labor contract law remove to the enterprise the reason of labor contract reached a program to make strict limit, any either basis labor law or regulation of labor contract law remove the behavior of labor contract all is illegal, this kind removes behavior, can be maintained of course remove to break the law labor contract, bear adverse consequence.
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