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It Is Illegal To Dismiss Workers From Disciplinary Work Without Notice To The Trade Union.

2016/11/1 22:40:00 21

DismissalTrade UnionProcedural Violation

In November 8, 2009, Fu was hired by a escort escort company.

Due to the need of work, the post is not working regularly.

In May 30, 2015, 4 men in a certain vehicle group were drowsy during the morning delivery task and the late task interval, resulting in delayed handover.

After that, he refused to acknowledge the adverse effects of drinking and drinking on the work, while the other 3 people reviewed this.

After the company distinguishes different situations, the company violates the company seriously.

Rules and regulations

The decision to terminate the labor contract is made on the basis of a contract.

Fu Mou refused to accept that the escort company did not notify the trade union of the reasons for cancelling the contract in advance, and the procedure was illegal. The arbitration application was submitted to the local labor dispute arbitration committee for payment of the compensation for breaking the labor contract illegally.

After the Arbitration Commission tried, the company decided to escort the company to pay compensation for the labor contract to 28728 yuan.

The escort company refused to accept the case, and appealed to the court to request the cancellation of the arbitral award.

After the support of the court of first instance, the court appealed to the court.

The court heard that

Labor Contract Law

"Article forty-third stipulates that the employer unilaterally relieves

Labor contract

The labour union should be notified in advance.

If the employing unit violates the provisions of laws, administrative regulations or labor contracts, the trade union shall have the right to require the employer to correct it.

The employer shall study the opinions of the trade union and notify the trade union in writing of the result.

The behavior of a company violates the company's rules and regulations seriously. It is lawful to escort the company to unilaterally rescind the labor contract. However, the reasons for the cancellation of the contract before the termination of the contract were not informed in writing.

According to this, the central court decided that the escort company paid a compensation of 28728 yuan.


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