If A Worker Takes Part In A Part-Time Job, If The Unit Is Discouraged, The Contract Can Be Terminate.

Yan Mou worked in the Logistics Department of a company and signed a 3 year labor contract with the company. He worked 6 hours a day and paid 2800 yuan a day.

Yan Mou rented residential kindergarten has a porter's night shift work, Yan feels that this is not in conflict with his working time in the company, so he took it.

Six months later, the company learned about Yan's part-time job. He thought that Yan's evening duty would affect his rest and distract his work force, so he issued a written notice to order Yan to resign within a week.

Otherwise, the labor contract will be terminate according to law.

Yan Mou thinks he is doing part time in normal rest time, did not affect the company's normal work at all, so did not pay attention to the company's notice.

A week later, the company terminate the labor contract with Yan Mou.

Yan Mou refused to accept the application.

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After the trial, the Arbitration Commission held that

"The thirty-ninth clause and the fourth provision:" when a laborer establishes labor relations with other employers at the same time, it will seriously affect the work done by the unit, or if the employer proposes to refuse to correct it, the employer can rescind the labor contract.

Yan did not have a part-time job without permission from the company, which may not affect the normal work of the company. However, after the written request for a time limit was corrected, Yan did not change it. Therefore, the company has the right to terminate its labor contract after ordering the correction period to expire.

The Arbitration Commission ruled that Yan's appeal was rejected.

Related links:

A company wants to terminate the labor contract with Liu, a long-term sick worker, because of the seventh provision of the thirty-ninth amendment to the detailed rules for the implementation of the labor insurance Ordinance: workers who have stopped working during the period of 6 months or less due to illness or non injury due to work injury, shall continue to calculate the length of service of the enterprise. If they recover after more than 6 months, they will still be returned to the original enterprise workers. In addition to the working period over 6 months, the length of service of the enterprises before and after the disease should be consolidated.

Then, when the company terminates the labor contract with Liu, will it pay more than 6 months' time to pay the economic compensation?

Comment: in the draft amendment, the provision of sick leave for more than 6 months is not counted as the length of service of the unit, and many enterprises have been implemented before the implementation of the labor contract system.

However, with the implementation of the labor contract system, the length of service and the length of service of the enterprise have been distinguished, and the length of service is linked to the duration of the labor contract.

According to the stipulation of medical treatment for sick or non injured workers in enterprises, the medical treatment period of 3 to 24 months for sick or non injured workers can be extended under special circumstances. The labor law also strengthens the protection of medical workers, and stipulates that the employer can not terminate the labor contract at any time during the medical treatment period.

It can be seen that workers are ill or are not injured by workers. Even if they take more than 6 months of sick leave, they should be calculated as the working life of the unit as long as they have labor relations with the employers, and should also be included in the calculation period of economic compensation.