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Because the production companies need to operate, overtime arrangements, very few people can refuse. Kunshan, a company employee was "reckless" refused to work overtime arrangements for the unit, the cost of refuse is not small: he was fired. Whether the unit can be freely dismissed employees unwilling to work overtime? Recently, the labor dispute cases Suzhou Intermediate People's Court in this cause due to make a final judgment overtime, noting unit arranged for staff overtime, it shall promptly notify the employee and by the employee agrees; unreasonable requests for overtime not legitimate,christian louboutin homme, employees can say "No!" And judgment shall pay economic compensation and compensation 10539.60 yuan employees to be dismissed.
Refuse to work overtime also lost dismissed
Arbitration, the company Pi Panpei over 10,http://www.honyakunoizumi.info,000
Three years ago, 33-year-old Wang drying work from home Lianyungang came Kunshan, Kunshan Development Zone,tiffany outlet, a labor export company signed a labor contract, then was sent to Kunshan, a company engaged in welding work, the monthly income of 2600 yuan.
After April 29, 2010 work, Wang drying packed things ready to leave the company in charge of Hanzhu him, asking him to stay overtime. Wang told the head of drying, their physical discomfort, a busy day, as welders unfit to continue working. Executives insist the king drying overtime, but he did not listen to it, went away.
The next day, the king of the company to work properly dried, the company sent for Wang drying conversation, the two sides broke up. May 6, the company is once again looking for the king drying conversation, the king refused to recognize drying "wrong." On that day, the company in charge of insulting the king and drying times, there are serious grounds motivated beating, according to the provisions of the company "Employee Handbook", and make lifting and Wang drying labor contract decision not to allow the king to come to work dried up.
After returning home, the king grew more and more gas drying, why should force me to work overtime? Why would lift my labor contract? May 7, Wang drying angrily to the local labor department to reflect the situation and said that he can not work overtime because of health reasons was to terminate the contract for compensation, the labor department by way of reply that he could apply for arbitration of labor for their own rights. Then the king drying to Kunshan labor dispute arbitration committee for arbitration, requiring the company to pay compensation for the illegal termination of labor contracts 17,http://ribbon.ptn.funnygame.jp,500 yuan,http://fsboteaneck.com, pay the social insurance.
July 9, 2010, Kunshan City, labor dispute arbitration committee ruled: Kunshan a company to pay Wang drying illegal labor contracts 10,539.6 yuan compensation.
The company also refused to accept the appeal
Final judgment "to terminate the contract illegal"
After the arbitration committee ruled that a company refuses to accept Kunshan, Kunshan City filed a lawsuit to the people's court. Hearing, Kunshan, a company providing "Employee Handbook" and the receipt to the court. Provisions "Employee Handbook" on all levels of management of the company or other colleagues to commit atrocities or insulting, threatening, defamatory act or harassment, is intolerable behavior, after investigation, has the right to immediately terminate the labor contract.
The company offers several witnesses to court testimony: April 30, 2010, the company managers and supervisors Wu Zhiqiang Wang drying with the Ministry of Personnel, on the work of some of the arrangements in question to communicate with the king drying. Wang said that the day before drying in charge of arrangements after overtime, they do not want to work overtime, and with the competent verbal conflict. In the communication process, Wang drying emotional and threats managers and supervisors, and even take aggressive action will hand shoved out into the face 10 cm from the manager,http://events.ucr.edu/cgi-bin/display.cgi, after being stopped, unable to continue to communicate. The company believes that Wang drying abusive managers and supervisors, the attitude is extremely poor,http://www.femme-nail.jp, resulting in a very bad effect, they are based on "Employee Handbook" provides the dismissal of Wang Chien, inappropriate.
Wang drying think inconsistent testimony of witnesses and the fact that, since Wu Zhiqiang witness statements may prove his discomfort was already said it does not work overtime, a process that day six people do not work overtime, Kunshan, a company is only one person talking to themselves and their own punishment is not fair. "In the conversation, the manager has already announced my dismissal on the grounds that do not fit overtime, but not now suing to threats of violence."
Kunshan City People's Court held that, because the production and operation in Kunshan, a company needs to arrange for Wang drying overtime, shall promptly notify the king drying and after he agreed. Wang had been in charge of drying instructions unwell, they are special types of welders, Kunshan, a company requires continuous work of Wang dry, does not comply with laws and regulations, but also unreasonable requirements of a company shall be deemed Kunshan Wang drying overtime for no reason. Kunshan, a company looking for Wang drying conversation provided that the company requires the king drying overtime and the king drying no overtime, but the king drying no overtime there are reasonable grounds, and not the king of drying a person no overtime, step 6 per no overtime,scarpe hogan donna, Kunshan, a company itself, there is no fault.
According to the finds, Kunshan, a company arrange Wang drying overtime inherent fault, Wang drying regard to justification defense legitimate, Kunshan, a company in accordance with the relevant provisions of "employee handbook" and finds the king drying times abusive supervisor severe beatings motivated inadequate basis, not identified, it shall be deemed illegal termination of a company in Kunshan Wang Chien of the labor contract, shall be paid according to the law,nike air max 90 outlet, a company in Kunshan Economic compensation and compensation 10539.60 yuan to Wang drying.
Kunshan, a company still refused to accept the judgment of first instance, appeal to Suzhou Intermediate People's Court. Recently, Suzhou Intermediate People's Court ruling rejected the appeal and upheld the original verdict. It is understood that the king did not stem the resumption of the labor contract claims,http://www.fgzx.org/?action-viewnews-itemid-146936, has to find another job. (Paper party is a pseudonym)
Judges Comments
Unreasonable overtime employees can say "no"
But there are four cases employees may not refuse to work overtime
As the saying goes: people under the eaves, how can I not bow? ! As a corporate employee, overtime arrangements are often thought to be the unit must be obeyed unconditionally, regardless of whether their bodies adapt, etc., and some workers were seriously lianzhouzhuan beyond physical load, and even overwhelmed by the tragedy of suicide. According to the head of the relevant judge hearing the case, said the unit arranged for staff overtime, it shall promptly notify the employee and by the employee agrees; unreasonable requests for overtime not legitimate, employees can say "no"!
Of course, the judge also noted that the following four kinds of cases can not refuse overtime: the occurrence of natural disasters, accidents or other reasons, so that the health and safety of state assets have been a serious threat to the people in need of emergency treatment; production equipment,http://www.valdrespaintball.net/cgi-bin/index.cgi, transportation lines public facilities that affects production and public interests, shall promptly repair; required to use during the holidays or public holidays statutory shutdown of equipment maintenance, maintenance; urgent task for the completion of the defense, or the completion of a higher level in countries outside the production schedule of the other emergency tasks,scarpe hogan 2015, as well as commercial, supply and marketing companies to complete the acquisition,http://www.autismecharente.fr, transportation, processing agricultural emergency tasks in the season. Jin Peng Jia Hao |
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發表於 2015-2-22 10:19:35
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