The Company Has No Reason To Dismiss Employees And To Continue To Perform Contracts.

"Our company

The reason I am looking for is not so much in accordance with the law but in accordance with the law.

In February 25th, He Jianghong told reporters: "how long do I have to work in other units before entering the office and how much I have to do with the current company?"

This is not what we want to add to crime.

What makes He Jianghong feel more annoyed is that although his job application has been uploaded without the "unemployment" period, the entry registration and certificate of departure has shown that during this period, "how can I say that I am cheating the company? At the very least, the company is not careful in auditing, lax in its duties, and is not in charge of the company." fortunately, after arbitration, the company recently decided that the company would continue to fulfill the contract and compensate the employees for the corresponding losses. "This is a case in point." He Jianghong said.

5 years of contract performance less than 1 years.

Employee referred to curriculum vitae

"When did you work at the company?" the reporter asked.

"September 3, 2013.

At that time, I signed a 5 year labor contract with the company from September 3, 2013 to September 2, 2018.

He Jianghong said.

"Is this a foreign company?" the reporter asked.

"Yes.

I am a director of lean operations in the Asia Pacific region. I am a S employee. "

He Jianghong said.

"Do you have a salary agreement?" the reporter asked.

"My salary is 62 thousand yuan per month.

Among them, the basic salary is 37 thousand and 200 yuan, the performance salary is 24 thousand and 700 yuan, and the other subsidy is 100 yuan.

He Jianghong said, "the contract also made an arrangement for the bonus. My bonus is 200 thousand and 880 yuan per year, and there are two salaries and 62 thousand yuan."

"The pay is good.

But when the company was so keen on you, how did it last? "The reporter asked.

"Ah! How do I say it? At first, I saw my work experience and social connections. Until I contributed these things unreservedly, people would have to" kill them. "

He Jianghong said.

"Why did the company dismiss you?" the reporter asked.

"Two reasons.

One is that I write a false report and try to win the company's quarterly award.

Moreover, I said that I provided false evidence to conceal the fact that I had been unemployed for half a year. "

He Jianghong said.

"During the performance of the labor contract, I strictly abide by the rules and regulations of the company, work conscientiously and abide by the professional standards.

In July 15th last year, the company suddenly issued a notice of termination of labor contract to me, saying that I had violated the twenty-second paragraph (B) of the labor contract, and forced the termination of the labor contract, and suspended my social insurance and housing provident fund.

He Jianghong said: "I think the company's practices seriously violated laws and regulations, and damaged my legitimate rights and interests."

Because the company did not give him the opportunity to negotiate, he had to file an arbitration application with the arbitration agency, which required the company to continue to perform the labor contract and pay the corresponding financial compensation to it.

These include: 1. From September 3, 2013 to July 31, 2014, the bonus was 200 thousand and 880 yuan and the salary was 62 thousand yuan.

2, July 15, 2014 to August 14, 2014 wages 62 thousand yuan.

Employee denial of bonus

Company refusal to pay

He Jianghong, 46, is in the prime of life, but the company's attitude is to let him leave the business without giving any financial compensation.

The reason why the company is so insistent is that in July 2014, the company found that he was awarded the continuous improvement Award for the third quarter of 2014, which was awarded by the overseas headquarters of the company. He provided false data on the "lean production report of Beijing factory" submitted to the company's overseas headquarters in July 2nd that year.

In fact, the project started in December 11, 2013, and the report was reflected at the end of October 2013.

In this regard, the company provided a "statement", with a photo attached with "2013/12/11", which shows that the photos are in heaven.

There was a meeting in the photo, but there was no information about the project launch.

In addition, the company believed that he had provided false testimony and personal information to the company when he applied, concealing the fact that he had been unemployed for half a year before entering the company.

According to the third provision of "violation of discipline and punishment measures" in the employee manual, the company provides false reports and false reports or materials in the work, provides false certificates and personal information to the company, including work experience, etc., for serious violation of discipline, the company has the right to terminate the labor contract immediately without paying the economic compensation.

The system and modification of the employee handbook have fulfilled the statutory procedures and are in conformity with the law.

He Jianghong was fully aware of these contents and agreed to comply with them.

Based on the above facts, the company believes that he Jiang Hong seriously violates the company's rules and regulations, and decides to terminate his labor contract.

Before lifting the labor contract, the company made a notification to the company's trade union on the grounds of the forty-third provision of the labor contract law, and the trade union did not raise any objection.

As a result, the company made a notice of the termination of the labor contract to serve him.

Thereafter, he did not go to the company to work.

But he believed that the company's practices lacked the facts and legal basis, and denied that he had the awareness and behavior of winning quarterly bonus.

Rescission of contract without violation of discipline

Arbitral award unit illegal

"Our company belongs to an overseas company and attaches great importance to people's integrity.

In this case, I should also attach great importance to my personal image. "

He Jianghong said: "in my case, if it is to win the company's bonus, whether it is deliberate or unintentional, it is undesirable.

Therefore, I request the company to produce concrete evidence.

"The company said I had written a false report. Actually, this report was written by Xiao Hou, a project manager, and used in English.

I just modified the English writing and grammar, and did not examine the actual amount, so there was no question of my intention to defraud the prize money.

He Jianghong said: "for this project, I only provide training, as a consultant, to help coordinate some problems, I have no bonus in this project.

Therefore, I do not recognize the purpose and authenticity of the photo provided by the company.

"Then how do you explain the questions in your resume?" the reporter asked.

"You see, this is the application form submitted to the company on July 2013 25 when I applied for the job. The contents of the column are: from February 2010 to now, I work in Shanghai Hui Ya electronics company."

He Jianghong said, "this form is the format text provided by the company. It contains:" I promise that the above information is true, complete and reliable, and that any false information or concealment of any of the above information may be fully justified by the company as a company to cancel or cancel the labor contract. "

"Please note that in September 3, 2013, more than a month later, I filled in the employee registration form and submitted the proof of resignation.

On that day, the two sides signed a labor contract.

He Jianghong said, "these two materials clearly prove that I work in Shanghai from February 2, 2010 to February 2, 2013.

It also shows that I have not concealed the fact that I have been unemployed for some time before entering the office.

At that time, the company signed a labor contract with me. At least, it proved that the responsibility of "cheating facts" was not me after that.

"Now, from my point of view, the company is deliberately finding fault and looking for nothing!" He Jianghong said, "my resume was automatically generated by online resume in February 2013. In April 29th, the first time I sent it to a headhunting company, after several interviews with company telephone, interview and mail, the application form was filled in July 2013. When I entered the office, I submitted a certificate of resignation, so the company knew about my real experience."

"You didn't explain this to the company?" the reporter asked.

"Yes, but no one will listen. The door will not be allowed to enter."

He Jianghong said, "there is no way to fight the lawsuit."

The reason why companies are so tough is that their reasons are very superficial.

The company's employee manual provides that false reports and false reports or information should be provided in the work, and false certificates and personal information, including work experience, should be provided to the company, and for serious violation of discipline, when the company has the authority to terminate the labor contract, it will not pay the economic compensation.

He Jianghong said: "the company has also published detailed regulations and detailed rules for the performance appraisal system in the internal LAN, and all employees are aware of the reasons, refusing to pay my attendance award."

The reporter saw that the company gave He Jianghong's employment notice: bonus: according to the company policy, the extra one month's salary will be paid as a full time award.

You will join the company incentive bonus plan, depending on your performance and management decisions.

According to the annual salary percentage, the highest bonus you can enjoy is 20%.

He Jianghong said he thought the double pay is the full attendance award.

According to the hearing of the arbitration organization, the parties are responsible for their claims and provide proof of evidence, otherwise they should bear adverse consequences.

Where a dispute arises from the decision of the employer to terminate the labor contract, the employer shall bear the burden of proof on the facts and the basis for handling the decision.

The company advocated that He Jianghong start the production project starting time in the report at the end of October 2013, and the actual starting time was December 11, 2013, so as to confirm he Jiang Hong had provided false report, and proved the starting time with the photos in the "note", but the photo only showed that someone was in a meeting, and there was no information about the start of the project. For this reason, the company did not provide other evidence to confirm it, so the company's advocating evidence was insufficient and could not be established.

The company claimed that He Jianghong had provided false facts to the company during the application period. The work experience in the Shanghai company which was filled out in the application form was inconsistent with the employee registration form and the certificate of resignation.

But He Jianghong filled out the corresponding form when he joined the office in September 3, 2014, and the two sides signed a labor contract on the same day.

At that time, the company knew that the two parties were different, but they still signed the contract.

As a result, the ruling company and He Jianghong have no basis for the dissolution of the labor contract and should continue to perform the original labor contract.

The "Notice of employment" states that "in accordance with company policy, the extra salary will be paid for one month as a full attendance award". He Jiang Hong said that his double pay is the full attendance award, so the Arbitration Commission will support the request for double pay.

At the same time, as the notice has already indicated that he Jiang Hong joined the company incentive bonus plan, because the company has the right to decide whether to distribute the annual bonus to employees, it does not support He Jianghong's claim for paying the corresponding bonus.