Staff Leave For Leave, Dismissal, Request For Continued Performance, Winning Lawsuit

The worker's grievance in WeChat's circle of friends caused the employer's legal representative to exercise the right to rescind the labor contract, and afterwards faced with the negative evaluation given by the law.

This shows that employers have not yet fully realized the challenges brought by social media to traditional management.

In recent years, with the labor law regulating the adjustment of employees' relationship, the risk of labor disputes brought to enterprises has also increased.

With the development of society, employees and enterprises have also produced some new contradictions.

For these contradictions, because many enterprises have no experience in dealing with them, sometimes it is only a dispute between employees and enterprises, but if they are settled by means of labor disputes, the results of their handling may have a huge impact on enterprises. If they are not handled properly, they will cause losses to the normal operation, employment management and public opinion of the employing units.

How can we avoid these disputes? This newspaper invited professionals to comment on some typical cases in recent years, and tell you how to deal with the new fuse in these fields of labor relations.

In September 2014, the second intermediate people's Court of Beijing made a final judgment on the labor dispute between Mr. Wan and NOKIA communications systems technology (Beijing) Limited.

After the rejection of Mr. Wan's appeal by the first instance, the second court of final appeal changed the sentence, which supported more than 10.2 yuan in the wages of Mr. Wan's labor contract.

In May 16, 2012, NOKIA issued a "change of Mr. Wan's line manager for Zhang's mail". In August 22, 2012, Mr. Zhang sent an e-mail to Mr. wan to move to Wangjing office the next day.

In August 24th, Mr. Wan sent an email saying that he was still working in Jiuxianqiao.

On the same day, Mr. Wan returned to Beijing in August 28th after his mother-in-law died and returned to Hunan to deal with the funeral.

In September 5, 2012, the company made a decision to dissolve the labor contract on the grounds that Mr. Wan did not obey the instructions of the line manager and continued absenteeism for more than 3 days.

Subsequently, the case went through arbitration and first instance and appealed to the second middle court of the city.

After the trial, the second middle court held that employees' behavior should not be regarded as absenteeism, and that NOKIA company was unlawful.

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The legitimate rights and interests of labourers

Protection.

NOKIA and Mr. Wan did not agree on the change of the location of the labor contract. Mr. Wan did not implement NOKIA's decision to move and asked the NOKIA company to provide it.

At this time, Mr. Wan's family died, Mr. Wan took leave in the form of e-mail, and gave notice duty to NOKIA company.

Mr. Wan did not follow the procedures of NOKIA company to fulfill the leave request procedure. Although there are flaws, the defects of the leave procedure do not constitute a real absenteeism.

The law stipulates that labor order needs to be maintained, and the interests of laborers and employers need to be balanced. However, we should also make clear that one of the purposes of maintaining stable and orderly labor order is to protect workers' fair and reasonable employment environment.

Similarly, the formulation of rules and regulations is to ensure the good employment environment of the employing units. At the same time, in the process of implementing rules and regulations, appropriate adjustment should be carried out in a reasonable and reasonable scope.

If workers are not allowed to deal with emergencies and give workers the right convenience without violating the principles, they will blindly expand the rigid leave process stipulated by rules and regulations, which is also contrary to the original intention of formulating rules and regulations.