China News Service, Hangzhou, February 23 (Guo Qiyu) During the period when Hu was isolated at home due to the epidemic, he received a notice from the company to terminate the labor contract.
After applying for labor arbitration, he refused to accept the arbitral award and brought a lawsuit to the court.
The reporter learned from the Hangzhou Intermediate People's Court of Zhejiang Province on the 23rd that the second instance of the court found that the company had illegally terminated the labor contract, and ordered Hu to pay more than 90,000 yuan.
Hu Mou was originally a business salesperson of a car sales company in Qingdao. He joined the company in 2016. After the three-year contract expired, he renewed a three-year fixed-term labor contract until September 12, 2022.
In March 2020, Hu was isolated at home due to the new crown epidemic. During this period, he received the departmental abolition announcement and contract termination notice issued by his company. On May 15 of the same year, the company closed Hu's work-related account and mailed a labor contract termination certificate. Book.
"When the company terminated the contract, I was still in isolation at home. They neither explained the situation to the labor union nor gave a reasonable explanation. I couldn't understand it." Hu appealed to the Hangzhou Labor and Personnel Dispute Arbitration Committee, demanding that the company pay compensation and wages.
In August of the same year, the commission issued an arbitral award, supporting only part of Hu's request.
After Hu refused to accept the arbitration ruling, he filed a lawsuit with the People's Court of Xiaoshan District, Hangzhou City, asking the company to pay about 126,000 yuan in compensation that is twice the economic compensation standard, wages for unpaid annual leave during the contract period, and unpaid two-month travel subsidies. Yuan.
"Our termination of the labor relationship with Hu is based on the legal termination of economic layoffs. We notified Hu 30 days in advance as required, and Hu has no right to ask us to pay compensation." During the trial, the company argued that its monthly payment The travel subsidy is a reimbursement of travel expenses, not a salary; at the same time, the company has postponed the resumption of work due to the impact of the epidemic, and the vacation that has been postponed during the resumption period can be first deducted from Hu's untaken annual vacation days.
After the trial, the Xiaoshan Court held that the company had illegally terminated the labor contract, and therefore ruled that the company should pay Hu the compensation for the illegal termination of the labor contract, annual leave wages for 2019 and 2020, and travel subsidies totaling more than 90,000 yuan.
The defendant company refused to accept the first-instance judgment and appealed to the Hangzhou Intermediate Court.
The Hangzhou Intermediate People's Court dismissed the appeal and upheld the original judgment.
"In this case, the employer made economic layoffs against the plaintiff on the grounds that the company's operating conditions were not good during the period when the workers were quarantined due to the epidemic. The procedures and timing of layoffs were illegal and compliant." The case The undertaking judge explained that in the layoff procedure, the employer did not explain the situation to the labor union or all employees, listen to opinions, and did not report to the labor administrative department before layoffs.
In terms of layoff time, it is also in violation of relevant regulations that the employer terminates the labor contract with the employee during the isolation period.
The above-mentioned judge stated that economic layoffs are the legal provisions of the labor contract law to protect companies in difficulty by laying off employees to save themselves, especially during the epidemic, companies often take such measures.
However, enterprises should strictly abide by laws and regulations when laying off employees economically, and strictly implement the specific number of layoffs, democratic procedures, reporting procedures, and layoff time.