Employees refuse to adjust their posts to continue to check in in the original post. Can the company lift the labor relationship with it?

Basic case

Xiao Su worked in the company from August 2009, and the term of the labor contract was from August 1, 2020 to July 31, 2025.

The labor contract between the two parties: According to the company's work needs, Xiaosu agrees to work in the work of the person in charge of the production department. If you are willing to obey, if Xiaosu does not obey the company's management and arrangements, if the company's registration time has not been reported to work for 3 days, it is deemed to have resigned automatically. The company has the right to terminate the labor contract with it and terminate the labor relationship.

On December 28, 2020, the company issued the "Notice of Employees' Violations and Disciplinary Discipline", which was based on the production quality problem during the time of the production department of Xiaosu. After transferring work, re -arrange work, and the punishment is based on the "Employee Manual" and labor contract. The signs of the sanction notice are blank, and Xiao Su did not sign to confirm.

In January 2021, the company issued the "Job Adjustment and Report Notice" to Xiaosu. Xiaosu no longer held his position and asked Xiaosu to report to the new post on time after receiving the notice.

After receiving the notice of post -post, Xiaosu did not accept the company's decision to adjust his post. He did not report to a new position and continued to work in the original post to work in the original post.

On January 9, 2021, the company's trade union committee issued the "Notice on the Lisaling of Labor Relations with Xiaosu" and agreed to the company on the grounds of the three days of absenteeism from January 6, 2021 to January 9, 2021 as the Lift the labor relationship with Xiaosu.

Later, Xiao Su filed a labor arbitration; on August 6, 2021, the Changyi Labor and Personnel Dispute Arbitration Commission made a decision that the company should pay Xiaosu to terminate the labor relationship of 184132.71 yuan.

Court trial

First instance judgment

The court of first instance believes that, on the one hand, according to the labor contract between the two parties, the company can reasonably adjust the job and work content of Xiao Su according to its personnel system, business needs, and Xiao Su's work performance. In this case, the company's adjustment of the job and work of the small Soviet is based on the situation of the production quality problem, but according to the evidence submitted by the company, it is not enough to prove that the situation of the job loss and production quality of Xiaosu during the office is not enough to prove it to prove that Due to the fault of Xiao Su, it caused a large loss to the company. Therefore, the company's adjustment of the job and work content of the small Soviet is not "rational" and does not meet the agreement of the labor contract. On the other hand, the "Employee Handbook" submitted by the company has been amended in terms of employee benefits, performance and training. According to the "Labor Contract Law of the People's Republic of China", the employer directly involves the revision of the relevant labor remuneration, insurance benefits, etc. When the rules and regulations or major matters of the vital interests of the workers shall be discussed by the employee congress or all employees, propose plans and opinions, and determine equally with the union or employee representatives. In this case, according to the evidence submitted by the company, the amendment of the employee manual cannot be proved by the legal procedure, so the content of the "Employee Handbook" is not legitimate.

In summary, the court of first instance determined that the company's unreasonable adjustment of the job violated the agreement of the labor contract. Xiaosu refused to go to a new post to report and stay in the original post attendance. Rather than the decision to lift the labor contract relationship, lack of facts and legal basis, and not legitimacy.

The company violated the law and regulations to terminate the labor contract with Xiaosu. Xiao Su agreed to confirm that the labor contract relationship between the two parties was terminated on January 9, 2021, so the company paid the company to pay compensation to Xiaosu.

The company did not accept it and appealed.

Judgment of the second instance

The focus of the dispute in the second trial of this case is still the question of whether the company's labor relationship with Xiao Su is legal.

First of all, the "Employee Manual" submitted by the company has been revised in terms of employee benefits, performance and training. The company did not provide evidence of the employee congress or all employees discussed. It does not meet the provisions of Article 4 of the Labor Contract Law. The content of the employee manual is not legitimacy;

Secondly, the evidence provided by the company is not enough to prove that the responsibility of Xiaosu has caused the fact that the quality of production is caused by the loss of production. Based on the above reasons, the company's "Notice of Employees' Violations and Disciplinary Actions" and "Job Adjustment and Report Notice" made in accordance with the "Employee Manual" are not reasonable and legitimate.

Based on this, when Xiaosu did not agree that the above -mentioned decision of the above position is still at the original post attendance, the company applies to the provisions of Article 39 of the Labor Contract Law of the People's Republic of China on the grounds of continuous absenteeism and regulations. If the labor contract is improper, it shall be unlocked by illegal. The company's judgment of the company's payment of illegal termination of the labor contract compensation is complied with the law.

Final judgment: Reject appeal and maintain the original judgment.

Law link

"Labour Contract Law of the People's Republic of China"

Article 4 The employer shall establish and improve the labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill their labor obligations.

The employer should formulate, modify or decide about labor remuneration, working hours, rest vacation, labor safety and health, insurance benefits, employee training, labor discipline, and labor quota management, which directly involve the vital interests of workers or major matters. After discussions with the employee congress or all employees, proposes plans and opinions, and determine equality with the union or employee representatives.

During the implementation of the rules and regulations and major matters, if the trade union or employee believes it is inappropriate, it has the right to propose to the employer and modify and improve it through negotiation. The employer shall decide publicity and regulations directly involved in the vital interests of workers, or inform the workers.

Article 47 Economic compensation is paid to workers according to the standards of workers working in their own units and pay a monthly salary every year. If it is less than one year or not for one year, it is calculated at one year; if it is less than six months, the economic compensation of the workers pays half a month of salary.

If the monthly salary of the worker is higher than that of the municipality of the municipality directly under the Central Government, and the municipal -level people's governments, the average monthly salary of employees in the region of the region of the region will be paid to the standards for the economic compensation of them in accordance with the average monthly salary of the employee. The maximum period for paying for its economic compensation is not more than 12 years.

The monthly salary referred to in this article refers to the average salary of the workers in the labor contract or the termination of the twelve months before the termination of the labor contract.

Article 48 If the employer violates the provisions of the provisions of this Law, the labor contract shall be terminated or the labor contract shall continue to perform the labor contract, and the employer shall continue to perform; The unit shall pay compensation in accordance with Article 87 of this Law.

Article 87 If the employer violates the termination of or terminate the labor contract in violation of the provisions of this Law, it shall pay compensation to the workers in accordance with the double economic compensation standards stipulated in Article 47 of this Law.

Source: China Pufa WeChat public account

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