The Company Refused To Adopt The Union'S Proposal To Forcibly Dismiss.

A company's rules and regulations and the labor contracts signed with me clearly stipulate that 5 times more than one month is a serious violation of discipline. The company has the right to unilaterally terminate the labor contract. 3 months ago, I was late for 6 times because of the house decoration and the need to purchase materials. Recently, the company made a decision to dismiss me, and decided to inform the trade union. The trade union saw that I would not be dismissed because of sympathy. For reasons of sympathy and excessive handling, I suggested that the company give me another chance to correct it. But the company refused to leave me and told the union again. I applied for labor arbitration to the local labor and personnel dispute arbitration commission on the ground of company's breach of the labor contract, requesting the company to pay compensation for the illegal termination of the labor contract, which has been rejected recently. Excuse me, why is that?

Indeed, the decision made by the company and the labour and personnel dispute arbitration commission is not inappropriate.

The eighty-seventh provision of the labor contract law stipulates: Employing unit If a labor contract is terminated or terminated in violation of the provisions of this law, compensation shall be paid to laborers in accordance with two times the standard of economic compensation stipulated in the forty-seventh article of this law. " That is, if workers want to receive compensation, they must take the employer's violation of this law to terminate or terminate the labor contract as the precondition, and the company's action to terminate your labor contract is not illegal: on the one hand, Labor Contract Law Article thirty-ninth, paragraph 1 (two), stipulates that the employer may rescind the labor contract if he seriously violates the rules and regulations of the employing units. It is precisely because the company's rules and regulations and your labor contract clearly stipulate that a delay of more than 5 times a month is a serious violation of discipline. The company has the right to unilaterally terminate the labor contract, but you are late 6 times in a month, and the reason is only because the house is decorated, and you need to purchase materials. That is not a legitimate reason, which determines that the company's behavior is lawful and effective. On the other hand, the forty-third provision of the labor contract law stipulates: "the employer should unilaterally terminate the labor contract, and notify the trade union in advance. If the employing unit violates the provisions of laws, administrative regulations or labor contracts, the trade union shall have the right to require the employer to correct it. The employer shall study the opinions of the trade union and give written notice of the result. Labour Union " It can be seen from the above that it is only a procedure for soliciting opinions to notify the trade union in advance. It does not mean that the dissolution of the labor contract by the employer must be approved by the trade union, otherwise it will be invalid, and it will constitute an illegal termination of the labor contract. That is, the opinions or suggestions put forward by the trade union should be adopted by the employing units, and they can be rejected if they do not hold water. It is because the trade unions do not agree that the company will terminate your labor contract. It is based on your disagreement and sympathy from you. It is not because the decision is "contrary to the laws, administrative regulations or labor contracts". The company has told the trade union again, which means that it can not affect the company's rescission of the labor contract.