A report in Changsha showed that nearly 60% of labor disputes in the first instance of "dismissal from a unit" were deemed illegally dismissed.
Employers need to pay an average of more than 40,000 yuan for illegally dismissing an employee
News from our newspaper (Reporter Wang Xinfang Dafeng) Recently, a report issued by Hunan Human Resources Service Association and Hunan Tiandiren Law Firm showed that in Changsha, an employer illegally dismissed an employee and required an average compensation of 44,291 yuan.
The report conducted a multi-dimensional data analysis of the first-instance judicial cases of labor disputes related to "unit dismissal" in the courts of Changsha City in 2020.
Statistics show that among the 484 first-instance labor dispute cases involving “unit dismissal” in 2020, the manufacturing and service industries have the highest frequency of disputes, far exceeding other industries.
"This is because the labor base in the manufacturing industry is larger than that in other industries, and some small and medium-sized enterprises have irregular employment; in addition, the service industry involves a large number of units, and the relationship between units and employees is complex and diverse." The person responsible for drafting the report Analysis of Lv Shuai, lawyer and part-time labor arbitrator of Hunan Tiandiren Law Firm.
In labor dispute cases involving “dismissal by the employer”, most of the laborers filed lawsuits. The laborers who initiated the lawsuits as the plaintiff accounted for nearly 80%, which was four times the number of cases initiated by the employer as the plaintiff.
From the perspective of age distribution, workers who have resignation disputes with employers are concentrated in the three age groups of "post-70s", "post-80s" and "post-90s".
Especially the "post-80s" workers accounted for nearly half.
The report believes that this is related to the larger base of workers in this age group, longer working hours, and relatively higher awareness of rights protection.
The report shows that in such cases, the vast majority of workers' demands involve 3 to 4 items, of which the requests for compensation and salary bonuses are the most.
In addition, there are quite a few employers claiming to pay double wages or overtime.
The main reasons why the employer advocates the termination of the labor relationship are: the probation period is proved to be inconsistent with the employment conditions; serious violation of the unit’s rules and regulations; serious negligence, malpractices, causing major damage to the unit; inability to perform the job, etc.
Among them, most of them involved "negligence dismissal" such as absenteeism and disobedience to management.
So, what are the verdicts of these cases?
Statistics show that among the 484 first-instance labor dispute cases involving “dismissal from a unit”, 287 cases were deemed illegal by the court, accounting for nearly 60% of the cases regarding the legality of the employer’s dismissal of the labor relationship.
There are three main reasons for the employer to illegally terminate the labor relationship: there is no clear basis for termination, there is no evidence to prove the cause of termination, and the termination procedure is illegal.
The report shows that employees claim that the employer illegally terminates the labor relationship, and the average amount of compensation requested is 4,6052.7 yuan; while the court verdict that the employer illegally terminates the labor relationship, the average amount of compensation support is 44,291 yuan.