The Dismissal Of Workers Was Awarded Compensation Only After Being Recognized By Trade Union Members.

In February 16, 2009, Zhang went to the purchasing department of a manufacturing company for management.

In November 25, 2014, the company convened a meeting on the grounds that Zhang lost his job and caused great losses to the company. He asked the trade union members to take part in the discussion and listen to their views and then dismissed Zhang.

Zhang believes that the decision to dismiss the company is illegal, so he applied for arbitration to the local labor and personnel dispute arbitration committee, demanding that the company pay the illegal termination.

Compensation.

After the trial, the Arbitration Commission held that the forty-third clause of the labor contract law stipulates that the employer should unilaterally terminate the labor contract and notify the trade union 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 employer shall study the opinions of the trade union and notify the trade union in writing of the result.

The company claims that the decision to dismiss has been approved by the trade union committee, and the procedure is legal.

The decision has been heard by the trade union committee, and the company has fulfilled its obligation to notify the Union in advance, but according to the "

The second article stipulates that trade unions are the mass organizations of the working class voluntarily combined. The trade union and trade union opinions concerning the forty-third articles of the labor contract law should be understood as the opinions or actions of trade union organizations and trade union organizations, and the opinions and actions of any member of the trade union can not act as a trade union's organization and behavior, especially when it involves matters related to the vital interests of laborers.

Therefore, before the decision on the termination of labor relations was made by the company, only the members of the trade union were allowed to take part in the discussion and make the decision. It was impossible for the company to fulfill the obligation to notify the trade union in advance when it exercised the unilateral rescission of the labor contract.

Finally, the Arbitration Commission decided that the manufacturing company was in violation of Zhang's labor contract and decided to pay the compensation company 80 thousand yuan.

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Mr. Yang: I am an employee of an economic and trade company. I have been in employment for more than 7 years. The deadline for labor contract concluded with me is December 31, 2018.

The unit is a private enterprise. In the past two years, the efficiency has not been good, and we are going from bad to worse. We heard that the company may cancel its business license in the near future.

Excuse me, what if we shut down our employees?

Lawyer: according to the relevant provisions of the company law, the company should make liquidation before cancellation.

Wages, social insurance premiums and statutory compensation should be paid in liquidation, which is a necessary procedure for the cancellation of the company.

In addition, the forty-fourth provision of the labor contract law stipulates that, in one of the following cases, the labor contract shall be terminated:...

(four) the employing unit has been declared bankrupt according to law; (five) the employer has been revoked the business license, ordered to close down, revoked, or the employer decided to dissolve it in advance; "

If the employer terminates the labor contract in accordance with the above statutory conditions, the employer shall also pay for the economic compensation for the termination of the labor contract in accordance with the forty-sixth provision of the labor contract law.

Therefore, if you want to cancel the company, the company shall terminate or terminate the labor contract with the employee and pay the economic compensation before cancellation.