Jiang joined Chunhui Company as a designer on April 19, 2021. The two parties signed a three-year labor contract for (from April 19, 2021 to April 18, 2024). The contract stipulates that Jiang's monthly salary is 2,010 yuan + job salary 4,918 yuan + overtime salary 1,072 yuan, totaling 8,000 yuan. Chunhui Company sent an employee dismissal notice to Jiang on December 31, 2021, notifying him to terminate the labor contract with Jiang, and the compensation was the minimum salary for one month. On January 4, 2022, Chunhui Company transferred Jiang's salary before dismissal and the total economic compensation equivalent to one month's salary to Jiang's original salary account. After joining the company, Jiang did not take New Year's vacation, and did not work overtime on statutory holidays in 2021.
On January 7, 2022, Jiang filed an arbitration with the Chengguan District Labor and Personnel Dispute Arbitration Committee and applied for ruling Chunhui Company: 1. Pay 18,400 yuan in compensation for illegal termination of the labor contract. 2. Pay a five-day annual leave salary of RMB 5,517.24. 3. Reissue the overtime salary of 17,655.17 yuan extended working hours from April 19, 2021 to December 31 of the same year, and the overtime salary of 24,275.86 yuan on weekends and statutory holidays. 4. Issuing a resignation certificate. The Arbitration Committee made an arbitration award on February 24, 2022, ruling: 1. Chunhui Advertising Co., Ltd. should reissue Jiang’s annual leave salary that he should not take for 2021, and pay within three days after the ruling takes effect; 2. Dismiss Jiang’s other arbitration requests. Jiang was dissatisfied and filed a lawsuit in this case.
Jiang sued the court for request: 1. Chunhui Company paid Jiang 18,400 yuan in compensation for illegally termination of the labor contract. 2. Chunhui Company paid Jiang a five-day annual leave salary of 5,517.24 yuan. 3. Chunhui Company reimbursed Jiang Mou a 17,655.17 yuan overtime salary extended from April 19, 2021 to December 31 of the same year, and overtime salary of 24,275.86 yuan on weekends and statutory holidays. 4. Chunhui Company issued a resignation certificate to Jiang.
The court held that the employer directly and unilaterally terminated the labor contract without legal facts and reasons, and the employee may require the employer to pay compensation twice the economic compensation standard. In this case, Chunhui Company terminated the labor contract with Jiang on the grounds that the position was revoked due to the impact of the new crown epidemic. The new crown epidemic is indeed an unforeseen objective situation, but Chunhui Company has not provided evidence to prove that the labor contract cannot be performed due to changes in the objective situation of the new crown epidemic, and has not provided evidence to prove that Chunhui Company negotiated with Jiang on changing the labor contract but failed to reach an agreement. Therefore, Chunhui Company's act of termination of the labor contract is an illegal termination, and Jiang has the right to claim that Chunhui Company pay compensation twice the economic compensation standard. claims that the amount of 18,181.86 yuan issued by Chunhui Company on January 4, 2022 does not include economic compensation.
2022 On December 28, 2022, Chunhui Company’s Finance informed Jiang via WeChat that the bonus and salary compensation will be distributed after New Year’s Day. On January 4, 2022, Chunhui Company Finance sent Jiang to confirm the commission list and the December employee salary list through WeChat, but Jiang did not raise any objection. Based on this, the court held that both parties unanimously confirmed that Jiang's offer was 2,739 yuan, and the other subsidies of 10,619 yuan in the employee salary list submitted by Chunhui Company in December should include 8,000 yuan in economic compensation. Jiang's claim lacks factual basis and is not supported.
After accounting, Jiang's average monthly salary is 8,595 yuan, Jiang's work has not been in office for one year, the economic compensation standard is one month's average salary, and the double compensation is 17,190 yuan. Since Chunhui Company has paid 8,000 yuan, another 9,190 yuan should be paid. Regarding overtime wages, as the advertising designer , Jiang objectively needs a certain amount of overtime work. For this reason, the two parties agreed on overtime wages in signing a labor contract. Jiang's monthly wage already includes overtime wages. Jiang also cannot work overtime on holidays, so the court does not support Jiang's claim of repaying the extended time, weekends and overtime on statutory holidays. Regarding annual leave wages, Jiang's annual leave days in 2021 is converted into 3 days according to his actual working days. The annual leave wage should be calculated based on the average monthly salary deducted from overtime wages. The corresponding annual leave wages for those who have not taken off are calculated. The court calculated as 2,075 yuan (7,523 yuan/month/21.75 days × 3 days × 200%).When the two parties terminated the labor contract, Chunhui Company issued a certificate of to terminate the labor contract for Jiang in accordance with the law. There is no need to issue a separate resignation certificate. The court will not support Jiang's lawsuit.
After the first and second instances, the court final judgment: 1. Chunhui Advertising Co., Ltd. paid Jiang 9,190 yuan in compensation for illegally termination of the labor contract, and the performance will be completed within three days after the judgment takes effect; 2. Chunhui Advertising Co., Ltd. should reimburse Jiang's annual leave salary that he should not take for leave in 2021, and the performance will be completed within three days after the judgment takes effect.
The unilateral termination of the labor contract shall comply with the provisions of the Labor Contract Law . When judging whether the employer's unilateral termination of the labor contract is legal, the arbitration institution and the people's court usually review whether the reasons and procedures based on the decision to terminate the labor contract comply with the relevant provisions of the " Labor Contract Law of the People's Republic of China", rather than conducting a comprehensive review on whether there is a statutory reason for the termination of the labor contract. The new termination reasons proposed by the employer after the termination of the labor contract, during the arbitration or litigation process cannot be used as the basis for the employer to claim its legal termination.
According to the employee dismissal notice sent by Chunhui Company to Jiang, he terminated his labor contract with Jiang on the grounds of revocation of his position. Since the revocation of an employer's position does not fall under the circumstances in which the employer can unilaterally terminate the labor contract as stipulated in the Labor Contract Law, Chunhui Company's termination of the labor contract on this ground does not comply with the provisions of the Labor Contract Law, which constitutes an illegal termination of the labor contract. Even if Chunhui Company claims that it was due to the impact of the new crown epidemic, Jiang's position was oversaturated due to the impact of the new crown epidemic, in accordance with the provisions of Article 44, Paragraph 3 of the Labor Contract Law, Chunhui Company should also undergo major changes in the objective situation based on the signing of the disputed labor contract, resulting in the inability to perform the labor contract, and negotiate with Jiang on changing the content of the labor contract before termination of the labor contract. Chunhui Company only claimed that its termination of the labor contract was legal on the grounds that it could not change its labor contract, and that it lacked factual and legal basis , and the court did not support it.
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