Mr. Wan move after receiving notice

Nokia Communication Systems Technology (Beijing) Mr. Wan has no fixed term contract staff Ltd. funeral home after being dismissed by three days to absenteeism. Mr. Wan require the company to pay wages during the illegal termination of the contract of $ 10.2 million, was dismissed and the Court of First Instance Arbitration Committee. Yesterday, the Second Intermediate Court of Final Appeal commuted to support Mr. Wan aspirations.

◎ First Instance

 

Court support staff losing arbitration commission sentenced

May 16, 2012, Nokia issued a change Mr. Wan line manager for Zhang mail. August 22, 2012, Zhang moved to notify Mr. Wan Wangjing office the next day by e-mail. August 24, Mr. Wan issued a statement which still jiuxianqiao mail office. The same day, Mr. Wan due to mother's death, funeral arrangements back to his hometown in Hunan,louboutin, on Aug. 28 to return to Beijing.

September 5,parajumpers norge, 2012,, the company Mr. Wan "do not comply with the instructions and line managers more than three days of continuous absenteeism" as an excuse to make its decision to terminate the labor contract.

Mr. Wan application in June 2013 arbitration, requiring the company to continue to perform the contract, and pay a total of 10 months of salary during the illegal termination of labor contracts 102,400 yuan. Mr. Wan arbitration committee rejected the request.

Mr. Wan then to the court. He said, first of all,, he thought Zhang did not change their line manager,scarpe hogan uomo prezzi bassi, he has questions about the notice by mail, and to people verified, but did not get a reply.

Secondly, after the mother's death, before he applied for a bereavement leave by e-mail and the company. The company's leave provisions can enjoy the staff to produce relevant proof after six days of bereavement leave,Kangqian excuse slip, what he did not know the relevant certificate is issued email asking more than the responsible person,hogan interactive,, there was no clear reply, so he put the work to colleagues went back home.

After the trial court of first instance, to maintain the outcome of arbitration judgment against Mr. Wan. Mr. Wan Xiang Second City Court of Appeal.

◎ second trial

All appeals court commuted support staff

Second City Court hearing that the focus of controversy in this case is that the Nokia company and Mr. Wan labor contracts is legitimate.

The court held that Nokia only for the personnel change notice Mr. Wan via e-mail,unloading passengers' luggage,air max pas cher, when Mr. Wan is difficult to confirm and questioned the company,woolrich outlet, the company did not fulfill this obligation effectively. Moving the case and issued a notice Zhang also belong to the electronic scanning member,air max requin, Mr. Wan decided to move is not executed, and asked the company to provide a formal written notice inappropriate.

Mr. Wan ago on vacation to the company shows its going to leave, and ask how to inform relevant personnel procedures must apply for leave of absence, but did not explicitly answer the relevant staff via e-mail,you should not rush down the stairs.,peuterey spaccio, the company's employee handbook nor explicitly stated this. The company claims the court inadmissible.

Mr. Wan move after receiving notice, although rejected in e-mail,hogan italia, but did not stop working,air max femme, and therefore should not be regarded as absenteeism. Nokia did not move as quickly as possible to urge Mr. Wan, neither Mr. Wan's original closed office, nor to inform its work if the new office will deal with absenteeism,basket nike requin pas cher,05" Accidents publicly identified at the meeting, and direct that Mr. Wan absenteeism, make its labor relations The notice incorrectly.

In summary,nike tn requin, the court held that the Nokia Company of illegal labor contracts. Mr. Wan's advocate, legal basis, the Court of Final Appeal to support it. The trial court made improper judgment, be corrected.

■ Links

No fixed-term contract is not "iron rice bowl"

China's "Labor Contract Law" Article XIV: no fixed term labor contract is the employer and the employee have agreed not to determine the time of termination of labor contracts.

Without a fixed term labor contract advantages for the employer, it helps to reduce the frequent replacement of key personnel in key positions brought losses; for workers,After identification, but also conducive to achieving long-term stable job. "Labor Contract Law" also stipulates that the employer at the time of staff reductions, priority should be retained without a fixed term labor contract staff.

But here said no termination date is not no end time "iron rice bowl", the condition that they meet the legal requirements, the employee and the employer can terminate the labor contract law.

Beijing Times Reporter Pei Xiaolan

(Original title: Nokia to fry funeral grounds staff absenteeism)