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The Company Sent A Wrong Notice And Dismissed The Employee Again.

2016/10/18 22:48:00 21

Wrong NotificationDismissal Of EmployeesLabor System

"Tang Yunyun failed in the skills assessment of all the employees. We pferred her to other stores for training.

The company dismissed her without any reason.

But I didn't expect the company to lose the lawsuit and pay 7000 yuan compensation.

Recently, the manager of song Kai, who has just got the award, has no choice but to speak.

Yang Xuefeng, a legal service center of the Beijing Federation of trade unions, said that the company was not wrong in pferring the skills of the unqualified employees to other stores, but they sent the staff notice instead of training notice.

In this case, Tang Yunyun was still working in the original post because of his family and children, and refused to report to the new post.

And the unit is


To dismiss it on the grounds of insufficiency.

Therefore, the Arbitration Commission awards the unit to pay compensation.

"I was hired by Kai Ying channel company in March 2014.

After a month's probation period, the unit signed a three year fixed term labor contract with me. "

Tang Yunyun said, after entering the office, she was arranged to be a shopping guide near a clothing store near home. The working place agreed in the labor contract is also the location of the mall. The wage standard is 2600 yuan basic salary plus sales commission.

At the beginning of December 2015, the company carried out a skill examination for all the employees. The passing line was 60 points. Tang Yunyun scored 31 points and was the last one.

On this score, she said, "my family is in the countryside, and I graduated from junior high school without graduation.

And this skill assessment is the company's question, let's answer it, I write slowly, and many questions are not enough time to write to the time, so the score is so low.

Tang Yunyun thinks that examination papers do not mean poor working ability.

"Don't believe it, you can compare all the salesperson's monthly sales figures, I'm sure I'm not the least."

She said, "as of today, I have done 6 years of shopping guidance and promotion.

If it doesn't work well, the company will not want me. "

Tang Yunyun is full of confidence in his ability to work, but the company does not think so.

In December 16th of last year, she received the notice from the unit that she immediately handled the current job pfer procedures and was a shopping guide in December 21st at a store of the company.

She said: "although they are all shopping guides, their posts remain unchanged, but the store is too far away from my home. There is no subway there. It takes more than two hours to travel by bus."

After I divorced, I took a child with me. I sent my children to school every day, and I couldn't go to work there.

Tang Yunyun introduced his practical difficulties to Director Liu of the personnel department of the company.

The other side sympathized with her and wrote the opinion on the notice of adjusting the post: "it is suggested that the department leaders postpone the adjustment of posts."

After studying, taking into account Tang Yunyun's practical difficulties, the company indicated that she would first go to the store for one month, and then resume the examination after the expiry.

If qualified, consider returning to the clothing mall to work.

She disagreed and refused to report to her new job.

In December 24th last year, Tang Yunyun received the company's notice of termination of the labor contract.

The contents of the notice are: "you did not go to the exclusive store to work from December 21, 2015 to December 23rd, nor did you fulfill the procedures for asking for leave.

According to the company's rules and regulations, the company can dissolve the labor relationship with the employee without working for three days without paying any compensation.

Therefore, the company is now discharging the labor contract with you, please leave the processing immediately. "

Shortly after leaving the unit, Tang Yunyun applied for labor arbitration and requested a ruling on the opening camp. The company paid 14 thousand yuan in compensation for breaking the labor contract illegally.

Tang Yunyun's arbitration request, song manager of the Kai Ying channel company, said: "she failed in the examination and required three months' training according to the regulations.

Taking into account her actual situation, it only shortened to one month.

As for the pfer of her to the exclusive store, it was because the company had done this before, that is, those whose performance was not up to standard had been pferred to the store for practical training.

But she refused to go to the post, her behavior was absenteeism, so we only terminated the labor contract with her.

The result was caused by Tang Yunyun, not the company's intention to dismiss her. Therefore, we are not breaking the labor contract or paying the compensation.

When it comes to the suggestion of the director of the Ministry of personnel to postpone the adjustment of posts, song Jing said, "they are fellow townsman.

Although Liu has already left, the company has taken full account of his proposal to shorten the training period to a month.

At the time of arbitration, the unit submitted the company's rules and regulations, and the attendance record of the store. The new employee must learn to understand the rules and regulations before signing up for the job, so Tang Yunyun must know that he can't be dismissed from the store when he goes to work.

Song manager double handed: "you have to say so, we have no way."

For absenteeism, Tang Yunyun said that although she did not report to the franchised store, she went to work in the clothing mall on time, and submitted the store credit card record as evidence.

The unit recognised the matter, but said it was not for the company to go to work, even if attendance, but should be arranged according to the unit designated location, designated jobs can be regarded as normal attendance.

Tang Yunyun knew that the company had arranged for her to go to the store for training, and refused to go to the post. It had actually constituted absenteeism, and the company had terminated the labor contract with her reasonably and lawfully.

In the trial, Tang Yunyun voluntarily reduced the claim amount to 7000 yuan.

Recently, the Arbitration Commission made a ruling: the Kai Ying channel company paid Tang Yunyun a compensation of 7000 yuan for breaking the labor contract.

For this

Labor dispute

Yang Xuefeng, a legal service center of Beijing Federation of trade unions, told reporters that

Labor Contract Law

"The fortieth clause, the second paragraph, stipulates that the worker is not competent, and after training or adjustment, he is still not competent for the work. The employer can notify the worker himself in writing or pay the employee one month's wages in advance thirty days, and then he may terminate the labor contract.

From this point of view, Tang Yunyun failed to pass the skills test for the employees in the Kai Ying channel company. The training of the unit was well founded in accordance with the law. The problem was that the company sent Tang Yunyun the notice instead of the training notice, and it was not clear that the training was carried out for three months in the notice of post adjustment.

When Tang Yunyun negotiated with the unit on the grounds of family difficulties and children's difficulties, the company shortened the training time to one month.

When the unit did not issue a new written notice for training for a month, Tang Yunyun insisted on working in the original post instead of going to the store. His behavior was different from that without any reason, so it has not yet reached the level of serious violation of discipline.

At the same time, when the company knows that Tang Yunyun is still working in the clothing mall, she can reissue a training notice to the other party, and explicitly inform her that she is training for one month instead of adjusting posts.

If the other party still refuses to go to the store to work, the unit will terminate the labor contract in accordance with the law, but the company has not done so, so the company dismissed her from the three day of absenteeism.

In addition, the basis for the termination of labor contracts between Kai Ying channel company and Tang Yunyun is the rules and regulations of the unit. However, they did not provide the signature that had already been known about the contents of the employee when they entered the office, nor did they submit the relevant evidence that had been publicized to the unit rules and regulations of Tang Yunyun. Therefore, the termination of the labor contract between the company and Tang Yunyun lacked the facts and legal basis, and thus constituted an illegal termination. It was inevitable that the payment of the illegal labor contract compensation was awarded.

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