Edit every time: Bi Lu Ming
Female employees refused to be fired on a long -distance business trip. Does the unit illegal?Can you claim it?Let’s see how this case is judged.
According to a civil judgment disclosed by the official website of the China Magistrate Document Network, Shi Moumou, female, born on January 27, 1986, joined the traffic engineering position of Mingda Company, Wuxi City on July 5, 2016.From the 1st, the non -fixed -term labor contract is 3,000 yuan per month.
On March 19, 2019, Mingda Company ignored Shi Moumou’s pregnancy and needed to be protected. He still asked Shi Moumou to go to the Jiangshan Hushan Park project.The Wuxi high -speed rail to Jiangshan is about 4 hours. If it has been driving about 7 hours in the past, because of physical condition, he cannot take a car to the Jiangshan business trip. Because Zhang Jun is the head of the Jiangshan project, Shi Moumou made a suggestion for replacement.
On March 20, 2019, Shi Moumou had been pregnant for more than a month after diagnosis.
As of May 7 of the same year, Minister Ye of Mingda Company, on behalf of the company, would like to terminate the labor contract with Shi Moumou and send four letters.Shi Moumou responded to the letter, thinking that Mingda Company did not fully consider the situation where his pregnancy was needed, and at the same time, he forcibly pressed the subject and did not consider his professional expertise and physical condition.On July 26 of the same year, Mingda Company relied on the work arrangement on July 12, 13, and 19 on the grounds of the work arrangement and shirk responsibility.Union report.
Shi Moumou mentioned labor arbitration to the Labor and Personnel Dispute Arbitration Commission (hereinafter referred to as the Arbitration Commission) of Binhu District, Wuxi City, asking Mingda Company to pay project bonuses, year -end awards, deducting sick leave salary, annual leave salary, rent subsidy, economic compensation, economic compensation, Breastfeeding salary, social insurance, maternity allowances, etc.
On October 8, 2019, the Arbitration Commission ended the arbitration procedure for more than 45 days.Shi Moumou sued to the court.
Shi Moumou sued the court of first instance and requested the order to pay the Mingda company to pay: 1. Compensation of 132,793 yuan; 2.2018 remaining project commission of 76,000 yuan; 3.2019 project commission of 50,000 yuan, etc.The above three demands totaling 258,700 yuan.
The court of first instance believes that employers and workers shall fully fulfill their obligations in accordance with the agreement of the labor contract.
About 2018 and 2019 remaining project commission bonuses.Article 47 of the Labor Law of the People’s Republic of China stipulates that the employer independently determines the wage distribution method and salary level of the unit in accordance with the characteristics and economic benefits of the unit in accordance with the law.Therefore, the establishment of a certain bonus or benefits in addition to the salary and salary with the workers is a measure for employers to mobilize the enthusiasm of workers. In principle, it belongs to the category of the employer’s operation.
About compensation.On July 12 and 13, 2019, Mingda Company arranged for Shimou Moumou to participate in the investigation of hidden dangers in the urban and rural buses in Zhejiang, and then considered Shi Moumou’s pregnancy, and only arranged for Shimou’s "sorting information" in the hotel room.Because Shi Moumou made clear stating in the recording of Ma Jingjing on July 11, it was explicitly stated that it was too tired to rest recently.Therefore, the two have other alternative work (Huzhou technical standard).On July 19, 2019, Mingda Company arranged for the review committee organized by the owner unit organized by the Jiangshan Tiger Mountain Sports Park.Make necessary guidance and training.It can be seen that although Shi Moumou failed to participate in the work arranged by the Mingda company twice after pregnancy, he could actively communicate and propose alternatives to participate by other personnel.Therefore, Mingda’s arrangements for Shi Moumou’s work is not irreplaceable, and Shi Moumou’s pregnancy is unwilling to travel long distances.Absence.In summary, Mingda Company was deemed to be uncomfortable with the work arrangement without participating in the investigation work and the review meeting, and then dismissed Shi Moumou.Mingda Co., Ltd. lifts its labor relationship with Shi Moumou’s illegal law and shall pay compensation.Regarding Shi Moumou’s salary, the two parties confirmed that the salary of 12 months before leaving was 81,645 yuan (except for bonuses), and the 2018 and 2019 project commission, so the average salary was 13,070 yuan.Calculated compensation was 91490.58 yuan.
According to this, the court of first instance judged as follows: 1. Mingda Company immediately paid Shi Moumou’s 2018 project commission of 76,000 yuan, 35,196 yuan in 2019, 500 yuan for the salary of production inspection, and 91490.58 yuan for compensation; 2. Rejection of rejuvenationOther litigation requests of Shi Moumou.The company needs to pay 202,600.
However, Mingda Company did not accept the first trial judgment and filed an appeal.
The Intermediate People’s Court of Wuxi City, Jiangsu Province believes that the focus of the controversy in this case is: 1. Whether Mingda Company’s lifting of labor contracts is illegal; 2. Whether Mingda Company should pay project commission in 2018 and 2019.
Regarding the focus of disputes.If the labor contract is terminated according to the rules and regulations, it shall be limited to the serious disciplinary violations of the workers.Although the Mingda company stipulates that if it is not obedient to the work arrangement or complete the work task twice, the labor contract can be lifted, but Shi Moumou is during pregnancy. According to the law, the company shall reduce its workload as consciously, and it is not a member of the group of the Jiashan project.Therefore, although Shi Moumou’s arrangements for the support of the Jiashan project team of the Mingda company are not active, it is not a serious violation of discipline; Shi Moumou is the editor -in -chief of the report of the Hushan Sports Park project, although he has not attended the review of the scene.Yes, but it has notified the company in advance and guided colleagues to prepare and preparation for participating in the conference. No other adverse consequences occurred in the future. Therefore, the Mingda company determined that the reason and basis for its serious disciplinary violations were not sufficient.In summary, Shi Moumou did not obey the work arrangement without justified reasons. Shi Moumou’s behavior did not cause major losses of the company. Mingda Company should pay compensation in accordance with the serious violation of the rules and regulations to terminate the labor contract.
Regarding the focus of dispute.Employers must not reduce their wages and welfare benefits due to the situation of female employees’ pregnancy, fertility, breastfeeding.According to Shi Moumou’s salary before lifting the labor contract, except for the monthly salary of 3,000 yuan per month agreed in the labor contract, Mingda Company also issued other compensation to it.According to the statement of the two parties, it is determined that the reward should be related to the project engaged in Shi Moumou.Therefore, this remuneration is also part of Shi Moumou’s salary.Mingda Company shall provide sufficient evidence to the issuance of other remunerations of Shoutou, which is proved to be a bonus issued by its independent issuance.
In summary, the judgment is as follows: Reject the appeal and maintain the original judgment.
Daily Economic News
