The epidemic is quarantined at home, which is not what you want
, but if you are laid off during this period, you will be deducted from the annual leave
, it would be a bit outrageous.
a few days ago
People's Court of Xiaoshan District, Hangzhou City, Zhejiang Province
tried such a labor dispute case
brings full confidence to workers!
Basic Case
Hu was originally a business salesperson of a car sales company in Qingdao, Shandong Province. He joined the company in 2016. After the three-year contract expired, he renewed the 3-year fixed-term labor contract .
In March 2020, Hu was quarantined at home due to the epidemic. During this period, he received a departmental abolition announcement and a termination notice issued by the company.
On May 15 of the same year, the company closed Hu's work-related account and mailed a labor contract termination certificate.
Hu Mou
I was still quarantined at home when the company terminated the contract. They neither explained the situation to the union nor had a reasonable explanation. I couldn’t understand it!
Company
We terminated the labor relationship with Hu based on the legal termination of economic layoffs. We notified Hu 30 days in advance as required, and Hu had no right to ask for compensation.
At the end of May 2020, Hu applied for labor arbitration, demanding that the company pay compensation and salary, and the arbitration award was made, supporting Hu's part of his request. After
, Hu filed a lawsuit with Xiaoshan Court, demanding that the company pay about 126,000 yuan of compensation with a price of twice the economic compensation standard, wages for unavailable annual leave during the contract period, and two-month travel subsidies that have not been paid.
During the trial, the company believed that the monthly travel subsidy is reimbursement of travel expenses and does not belong to salary; the company's resumption of work has been delayed due to the epidemic, and the leave during this period can be deducted from Hu's unofficial leave days.
After the trial, Xiaoshan Court held that the company was illegally terminated the labor contract, and ruled that the company paid Hu's compensation for illegally terminated the labor contract, wages and travel subsidies for unofficially in 2019 and 2020 total more than 90,000 yuan.
The company was dissatisfied and appealed to the Hangzhou Intermediate People's Court. The Hangzhou Intermediate People's Court rejected the appeal and upheld the original judgment.
The company terminates the contract illegally and should compensate!
Judge Guo Chenguang of the People's Court of Xiaoshan District, Hangzhou City said that in this case, the company took economic layoffs on Hu's part of the reason for the poor operating status during the period when he was quarantined due to the epidemic, and there were illegal and compliant situations in terms of the procedures and time of layoffs.
First of all, in the layoff procedures, the company did not explain the situation to the trade union or all employees before layoffs, listened to opinions, and did not report to the labor administrative department. The termination procedure did not comply with the provisions of the " Labor Contract Law ".
Secondly, in terms of layoffs, the company terminated the labor contract with Hu during the quarantine period, violating the relevant provisions of the "Notice of the Department of Human Resources and Social Security on Actively Responding to the New Coronavirus Pneumonia Epidemic and Doing a Good Job in Labor Relations". Therefore, the company is illegally terminated the labor contract and should pay Hu's compensation for illegal termination in accordance with the law.
Regarding travel expenses and annual leave wages without taking leave, in this case, the company's monthly travel expenses are fixed cash subsidies and are not reimbursement payments. According to relevant regulations, they should be included in the total salary. The company has not reached an agreement with Hu on the deduction of annual leave during the epidemic, nor has it notified Hu. Therefore, annual leave cannot be deducted during the epidemic, and the company should pay the annual leave wage in full.
It must be mentioned that economic layoffs are legal provisions of the Labor Contract Law to protect enterprises in difficulty through layoffs. However, when enterprises lay off employees economically, they should pay attention to strictly complying with the provisions of laws and regulations. The specific number of layoffs, democratic procedures, reporting procedures, layoff time, etc. should be strictly implemented, otherwise it may constitute the consequences of illegal termination of labor relations.
Use the power of the rule of law to face the "big test" of the labor and capital market under the epidemic
Recently, with the recurrence of the epidemic, the labor and capital market has faced various problems and difficulties. How to support workers' reasonable demands and protect their legitimate rights and interests is thought-provoking.
During the trial of this case, the court did not support the company's defense of legal termination based on economic layoffs, but instead effectively safeguarded the legitimate rights and interests of workers through judgments and payment of compensation, so that workers can feel judicial care in the proper resolution of disputes and enhance workers' employment confidence.
The judgment ideas, as well as the laws and regulations on which the judgment is based, and policy documents , have a certain judicial guiding role in the stability of labor relations during the current epidemic period.
The epidemic is a "big test"
Enterprises and workers as interests and communities
Both should enhance the awareness of the rule of law
jointly respond and strengthen consultation
promote harmonious and stable labor relations
Shanghai News Broadcast comprehensive from Supreme People's Court , Pengpai News , Shangguan News, etc.
Source: Shanghai News Broadcast
