Can A Worker Take Part In A Part-Time Job To Terminate The Labor Contract?

In January 11th, Zhou Lizhi, an employee of Lai Rong's work, called to inquire that she was a salesperson of a company.

Two years ago, she mortgaged a house with a lot of economic pressure.

She worked part-time as a part-time salesman in another company to earn extra money.

Unexpectedly, her part-time job was known by the unit, and the company decided to terminate the labor contract with her.

Excuse me, does the company have the right to terminate the labor contract?

In view of Zhou Lizhi's problem, Li Nan, a lawyer on duty in Sichuan Chengdu migrant worker's legal aid workstation, believes that according to the labor contract law, laborers have established labor relations with other employers, and have seriously affected their work.

If the employer refuses to correct the case, the employer can remove it.

。

The two conditions of "part-time job have a serious impact on the completion of the work of the unit" and "the employer proposes that the worker refuses to correct" requires the employer to provide corresponding evidence to prove it.

If the employer fails to prove that the act of rescission of the labor contract is illegal.

Lawyer Li reminded, even though

To ensure that workers enjoy the rights of "part-time jobs", workers who are employed as employers should complete their own jobs and be loyal to employers.

Under this premise, we need to consider whether we should take part time job to improve our quality of life.

Related links:

The employee has been away for half a year, but because the file is still in the unit, the unit has written administrative sanctions to the employee in the file.

Then, can employees ask the court to order the unit to rescind the sanction decision? Is such a dispute a labor dispute? Recently, a Beijing intermediate court has concluded such a case.

A unit gives administrative warning to the employee who has already left office, and the employee requests the court to cancel the sanction of the unit in his personal files.

The court finally supported the request of the employee on the basis of a certain unit's management authority that the employees who had already removed the labor relationship did not have sanctions.

When Zhang entered a certain unit in 2011, the last labor contract signed between the two sides was from 2014 to 2019.

In 2014, Zhang submitted his resignation.

After the arbitration of the labor department, the Arbitration Commission made arbitration decision and decided that the two sides would terminate the labor contract in November 2014.

In June 2015, a unit made the decision on giving administrative warning to Comrade Zhang (hereinafter referred to as "decision on sanctions"), which stated that Zhang did not perform financial reimbursement procedures for a long time during his working period in 2014, which had adverse effects on the normal financial work of the unit. At the same time, during his mission abroad, he lost all his passport and the work expenses of the delegation due to his personal negligence. After retrieving most passports, he still caused great losses to the units and customers, seriously affected the image of the unit and absenteeism for 9 days in 2014 years.

According to the unit management method, give Zhang an administrative warning.

Zhang claimed that he had terminating labor relations with a certain unit in November 2014, but a unit has not yet handled the resignation procedure and file pfer.

The arbitration was supported by the labor arbitration department on the issue. Although a unit issued a certificate of separation in July 2015, it issued an administrative warning to him in June 2015.

It considers that a unit's punishment after its departure is invalid, so it appeals to the court to rescind the administrative sanction and withdraw the punishment from the personal file.

During the first instance, a unit argued that Zhang was not responsible for his work during his stay, which led to the loss of the mission and the loss of his passport and the absenteeism. He violated the rules and regulations of the unit. The corresponding administrative sanction of the unit was labor autonomy and the procedure was legal and compliance.

At the same time, according to the judicial interpretation of labor disputes, Zhang's claim does not belong to the scope of the labor dispute cases and other civil cases, so the court is requested to dismiss Zhang's claim.

In the trial, both sides agreed that a unit issued a proof of resignation to Zhang in July 2015, indicating that the two sides had terminate their labor relations in November 8, 2014.

After hearing the trial, the court of first instance held that the decision to give an administrative penalty to Zhang after the lifting of labor relations with Zhang was inappropriate and the decision should be revoked.

Zhang's request to withdraw the sanction decision from his personal files does not fall within the scope of the labour dispute cases accepted by the people's court.

In summary, the court of first instance decided that the unit would revoke Zhang's decision within seven days and dismissed Zhang's other claims.

After the judgment of first instance, a unit refused to accept the case and appealed to the first intermediate Hospital of Beijing.

It believed that the court of first instance failed to find out the relationship between the three decisions of the court, the time of departure and the time of arbitral awards.

Therefore, we request the second instance court to revoke the first instance decision and dismiss Zhang's claim according to law.

After hearing the case, a Beijing intermediate people's court said that Zhang joined a certain unit in 2011 and established labor relations between the two sides.

Zhang submitted his resignation and confirmed that the two sides had lifted their labour relations in November 2014.

In June 2015, a unit made a decision of administrative warning against Zhang's negligence, absenteeism and other violation of company rules and regulations, and the decision time was not appropriate after the two sides terminated labor relations.

Finally, a central court in Beijing rejected a unit's appeal and maintained the original sentence.