The Labor Union Should Be Notified In Advance.

The company considered that the workers violated the unit rules and regulations and unilaterally dismissal the laborers.

The laborer thinks that the company unilaterally terminates the labor contract without consulting the opinions of the trade union.

Finally, labor arbitration ruled on the case and decided that the employer's rescission of the contract did not notify the trade union. It was an illegal termination and the decision was made by the revocation unit.

The decision is invalid.

Zhang, 33, is a staff member of a textile Limited by Share Ltd (hereinafter referred to as a textile company). He signed a written labor contract with the company for 3 years in February 18, 2013.

In April 9, 2015, Zhang had a violent conflict with his colleagues in Song Dynasty because of his trivial work and resulted in a certain degree of damage to song.

Subsequently, the public security organs intervened to deal with the settlement of the compensation agreement between Zhang and song, and Zhang also performed the compensation agreement on the same day.

In April 11th, the textile company dismissed the company on the grounds of Zhang's serious violation of the unit rules and regulations, but did not give notice to the unit Union in advance, nor did he seek the views of the unit Union.

Zhang refused to accept the punishment of the textile company, and applied for arbitration to the labor and personnel dispute arbitration committee, requesting the cancellation of the decision of the textile company's dismissal.

On the arbitration tribunal, Zhang suggested that he had a conflict with Song Dynasty, but it was a dispute between the two sides, rather than beating the song himself. Both sides had some fault, so the company's facts were wrong.

One step further is that, even in fighting, we have not reached the level of dissolution of labor contract, and have reached and fulfilled the compensation agreement with Song Dynasty.

Secondly, when the company terminates its labor contract, it does not notify the Union in advance, nor does it seek the opinions of the unit Union, which violates the procedural provisions of the law.

Textile company said Zhang's request had no factual and legal basis.

Because Zhang was assaulting employees in working hours and workplaces, and was handled by the public security organs according to law, which is a serious violation of the company's rules and regulations, and the company's handling of it is a legitimate and unlawful way to terminate its labor contract.

After the mediation is invalid, the labor and personnel dispute arbitration committee revoked the decision of the textile company's dismissal treatment in accordance with the forty-third provision of the People's Republic of China labor contract law (hereinafter referred to as the labor contract law).

The focus of the controversy is

Whether the unit Union should be consulted when dismissing employees or not?

Zhang Xuemin, a lawyer at Huasheng Tongda law firm in Hebei, believes that first of all, obeying the law is an inevitable requirement of a society ruled by law. In a society ruled by law, law must be believed and observed, and whether natural persons or legal persons should abide by the laws and regulations.

The employing units shall have the right to manage the workers according to the rules and regulations laid down by labor laws, regulations and units according to law, and the laborers shall also abide by labor laws, regulations and unit rules and regulations.

Therefore, the employer unilaterally relieves the labor relations and the workers unilaterally dissolve the labor relations. They must abide by the provisions of the labor laws and regulations. The provisions of the thirty-eighth and thirty-ninth articles of the labor contract law stipulate that if the employer has serious faults and infringe upon the legitimate rights and interests of the laborers, the laborer may terminate the labor contract with the unit and obtain corresponding compensation or compensation; if the worker has serious faults, the employer may also terminate the labor contract without compensation or compensation.

Secondly, the forty-third provision of the labor contract law stipulates: "the employer unilaterally relieves."

The labour union should be notified in advance.

If the employing unit violates the provisions of laws, administrative regulations or labor contracts, the trade union shall have the right to require the employer to correct it.

The employing unit shall study the opinions of the trade union and notify the trade union in writing of the results.

The employer's unilateral rescission of the labor contract with the employee is the act of depriving the employee of the right to work, which is closely related to the immediate interests of the laborer. Therefore, there must be procedural restrictions and certain laborers' right of relief should be given.

In order to protect the legitimate rights and interests of the disadvantaged group of workers, the law stipulates clearly the substantive and procedural requirements of the employer's dissolution of the labor contract, which requires that the employer must have these two elements when it terminates the labor contract.

If the obligation of the union is not fulfilled, even if the reason for the dissolution is correct and sufficient, it is also an illegal termination.

Specifically, in this case, Zhang and Zhang were in conflict with song's work and caused slight damage to Song Dynasty. The textile company terminated its labor contract on the grounds of Zhang's serious violation of the unit rules and regulations. The facts are clear and the evidence is sufficient. The reason for the termination of the labor contract is reasonable and legal.

However, when the textile company and Zhang dismissed the labor contract, they did not comply with the forty-third provisions of the labor table and the same law. They did not give notice to the company's trade union in advance.

Procedural violation is also illegal, and its legal consequence is that the act does not produce any legal effect.

Zhang Xuemin lawyers said that the lifting of labor relations is the most severe punishment of employers to laborers, which is a serious legal act.

Therefore, in order to terminate labor relations with employees, he should not only strictly enforce the substantive provisions of the law, but also strictly abide by the procedural provisions prescribed by law. Only in this way can he be passive or even lose.

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