Grassroots lawyers also have spring

Chapter 435 It's easy to invite God, but it's hard to send God away!

"Well, if the actual place of work is in the imperial capital, the court basically does not support this situation. That is to say, the court does not support the female employee who finds out that she is pregnant after leaving the company and asks for resumption of work or compensation for illegal termination of the labor relationship. .

However, the situation of a female employee in your company is a bit special. Even if she is found to be pregnant before the labor relationship is terminated, the company can still dismiss her on the grounds of causing serious losses to the company in accordance with the provisions of the employee handbook.But the prerequisite is that there must be evidence to prove that it was she who caused the loss to the company. " Wang Chuan explained.

"Oh, this is no problem. Our company's personnel specialist talked to her, and she also admitted that she sent the wrong product, and she has already written and signed a statement of the situation.

It doesn't matter if she doesn't admit it, her signature is on the invoice. "Mr. Qu said.

"What is the reason for the company to terminate the labor relationship, and what is written in the agreement?" Wang Chuan asked.

"I remember writing that because she violated the relevant regulations of the company's employee handbook and caused [-] yuan in economic losses to the company, the labor relationship was terminated.

Does this matter? "Mr. Qu asked.

"It's like this. Once the reasons for the termination of the labor relationship are determined, they cannot be changed in the labor arbitration and the court later. The court and labor arbitration will only review the reasons for the termination of the labor relationship determined by the company. Once the reasons are not established, even if there are other reasonable reasons The reason for this will not be supported by the court. The company will face the risk of losing the lawsuit.” Wang Chuan said.

"Oh, I understand, that is to say, once the reason for terminating the labor contract is determined, it cannot be changed later, and the court will make a judgment based on this reason, so our reason for dismissal must be legally tenable, yes Let's do it!" Qu said.

The minds of businessmen are still very fast.

"Yes, that's what you understand." Wang Chuan said.

"It seems that it is easier to invite God than to send God away!"

Mr. Qu sighed, and then asked: "Then let me ask you again, if the company loses the lawsuit, can it still apply for labor arbitration or sue again, and terminate the labor relationship with new reasons?"

"No. Because both the court and labor arbitration will consider that the dispute between the employee and the company has been tried and will not accept it again." Wang Chuan said.

"Oh, that's right! It seems that you should be cautious when dismissing employees, otherwise it may constitute illegal termination of labor relations or be required to restore labor relations." Mr. Qu said.

"Mr. Qu, do you have anything else to ask?" Wang Chuan asked.

"You just said that the imperial capital is punished like this. We have a subsidiary in Jinshi. If such a situation happens there, will it be judged in the same way?" Mr. Qu asked.

"This is not necessarily the case. According to our experience, the labor arbitration agency in Jin City has come up with the opposite case, and the latest typical case issued by the labor department also has the opposite determination of this situation. As for how the court will judge, now It's hard to say, there are uncertain factors." Wang Chuan said.

(According to the "Notice of Tianjin Human Resources and Social Security Bureau on Publishing Typical Cases of Labor and Personnel Disputes in 2021" issued by Tianjin Human Resources and Social Security Bureau (Jin Ren She Ju Han [2022] No. 9)
Guiding spirit of Case [-]: After the company terminates the labor contract with a female employee, if the female employee is diagnosed to be pregnant during the labor relationship, full consideration should be given to whether the employer has subjective intent.

If the employee fails to inform the employer of the fact of pregnancy before the termination of the labor contract, and the employer terminates the labor contract, and the employee does not raise any objections, that is, the employer has no subjective intentional act, which shall not be deemed to constitute an illegal termination of the labor contract. Pay compensation for illegal termination of the labor contract.

However, according to the law, the labor contract of a female employee should be extended for three periods until the corresponding situation disappears, and whether the labor contract should be continued is not premised on the employer’s knowledge, but on the basis of the female employee’s pregnancy. fact.To sum up, if the employer terminates the labor contract of a pregnant female employee without knowing it, although it does not need to pay compensation for illegal termination of the labor contract, it should continue to perform the labor contract. )
(The above is a typical case released by the labor department of Jin City. Interested readers can check it online)

"Okay, I have no other questions, thank you, Lawyer Wang!" Mr. Qu said.

"You're being polite!" Wang Chuan hung up the phone after finishing speaking.

On January [-], [-], the first trial of the labor dispute case between Feiteng Game Company and Vice President Sun Jing was held. Wang Chuan and Ouyang De came to Haidian Court early in the morning.

Last week, the clerk called Wang Chuan to tell Wang Chuan and Ouyang De to wear lawyer's robes to attend the trial. Wang Chuan did not expect that the trial would be held in a large court that could seat more than 50 people.

Wang Chuan glanced at the situation in the courtroom, and there were more than 40 young people with green faces and student-like faces sitting in the dark.

"Lawyer Wang, Lawyer Ouyang, come here!" The male judge with thinning hair beckoned to Wang Chuan who were sitting in the dock.

"What's the matter with you?" Wang Chuan approached and asked.

"Let me explain to you that the students from the School of Labor Relations came to observe the trial today. You must pay attention to court discipline. Let me confirm with you, do you have any objection to the open trial?" the male judge whispered.

"No objection! Thank you for your reminder. Here are two sets of evidence we submitted." After Wang Chuan and the two finished speaking, Ouyang De submitted the prepared two sets of evidence to the judge.

According to the provisions of the Civil Procedure Law, evidence should be submitted within the time limit specified by the judge, but in fact it can also be submitted on the spot in court, and the court generally accepts it.

After a while, the plaintiff's attorney walked into the courtroom. It was the thin male lawyer Wang Chuan had seen before and wearing a pair of gold-rimmed glasses. Behind him was a slender, handsome man in his 30s. Delicate woman.

After the two sat down, the male lawyer with gold rim glasses and the woman murmured for a long time. The woman nodded while listening, and glanced at Wang Chuan and Wang Chuan on the opposite side from time to time.

After everyone was seated, the male judge looked at both the plaintiff and the defendant, and then began to verify the identities of both parties. After announcing court discipline, the gavel fell with a bang, and the trial officially began.

Only then did Wang Chuan know that the woman next to the male lawyer with golden glasses was Sun Jing, the former vice president of Feiteng Game Company.

"Plaintiff, state your claims, facts and reasons." The male judge said loudly.

"The plaintiff's request: first, to confirm that there is a labor relationship between the defendant and the plaintiff; second, to order the defendant to pay twice the wage difference of the unsigned labor contract..." the male lawyer with gold spectacles held the complaint and said in a vigorous manner. Read it aloud.

As if he were not the plaintiff's attorney but the judge who was delivering the sentence.

(End of this chapter)