The case of the trial of the first intermediate court in Shanghai, the man involved in the case was not approved to return to his hometown for marriage, and was considered an absence and returned to the fired.Essence
The Shanghai No. 1 Middle Court issued a post on WeChat public account on Thursday (December 21) to inform the above cases.
According to the report, a man Xiao Zhong (a pseudonym) is a marketing department designer of a psychological counseling company who wants to use the National Day holiday to return to his hometown for weddings.Xiao Zhong first explained to the leader in August, but was not allowed.
Xiaozhong submitted a written leave application to the company again. This time the company replied that the company mainly engaged in the research and consulting services of children's polymotidians, which belongs to a special industry.Application, and I suggest that Xiaotong takes a time to take a leave.
Xiao Zhong said that it had been adjusted once a marriage period. This time, it was inconvenient to adjust again, and asked if the marriage leave would not be approved.The company failed to reply to this, and in late September, it formulated and issued a continuous absenteeism for three days or a total of five days of absenteeism to dismiss the attendance management measures.
Xiaozhong returned to his hometown as scheduled to host a wedding. As a result, the company believed that Xiao Zhong was absent from work for five days, which seriously violated the company's rules and regulations. On October 7, the labor contract with Xiaozhong was lifted.
Xiaozhong filed a labor dispute arbitration for this, asking the company to pay the illegal termination of the labor contract compensation. Because the request did not receive the support of the arbitration, Xiao Zhong filed a lawsuit with the court.
In the first instance, Xiao Zhong asked the court to judge the company to pay the company to pay more than RMB 82,000 (the same, about S $ 15,000).
The court of first instance believes that considering the business scope and work nature of the psychological counseling company, the National Day holiday work arrangement is reasonable. In addition, both parties confirm that Xiaozhong is only an ordinary job staff in the company.In the post of Xiaozhong, the company did not agree with Xiaozhong's marriage leave. It is recommended to replace the vacation.
Xiaozhong took a vacation on their own, and the company has not been in office on time.It is not inappropriate for the company to terminate the labor contract.The court in the first instance was not supported by the request for the payment of compensation for illegal lift compensation proposed by Xiao Zhong.Xiao Zhong was dissatisfied and appealed to the Shanghai Intermediate People's Court.
In the second instance, Xiao Zhong believes that the company's rejection of his marriage leave is unreasonable. His position is not the main position. Female leave will not affect the company's daily work.Xiaozhong requested that the company's payment of more than RMB 82,000 for the company's payment of more than 82,000 yuan.
The psychological counseling company believes that there are fewer employees in the company. Each employee is in a saturated state. It is difficult to adjust the personnel to replace their jobs during the National Day operation season, and the small bell takes too long for leave.Xiaozhong did not recognize this, but considering factors such as the company's actual business status, the amount of claiming the liberation of the labor contract compensation was 46,000 yuan.
The trial of Shanghai No. 1 Middle School believes that Xiaozhong has not been working for a few days without being approved for leave.Demonstration of leave is legitimate.
The Shanghai No. 1 Middle School said, as far as the vacation process is concerned, Xiaozhong submitted a leave of leave to the company's person in charge for the number of weddings, and explained the reasons for the leave of leave.The company did not agree to ask for a rest and vacation when the annual leave and marriage leave.As far as the number of leave days is concerned, combined with the reason for the leave of Xiaozhong and the place of wedding, the number of leave days is not reasonable.
The Shanghai No. 1 Intermediate People's Court also said that on the other hand, the psychological counseling company's application for the applied leave of Xiaozhong and the follow -up behavior of the subsequent work: from the job responsibilities of Xiaozhong's work statement and the content of the work required during the leave periodIt is difficult to determine that there is an urgency that Xiaozhong cannot leave the job, and the reason for the psychological counseling company to refuse to take a fake is not sufficient.
From the perspective of the rules and regulations of the psychological counseling company to relieve the small bell labor contract, the company is formulated in late September when the company knows that Xiaozhong needs to take leave and the wedding date is difficult to change.Target.
Judging from the disciplinary adaptation of the handling of the labor contract's handling of the labor contract, the application for leave applied by Xiaozhong is reasonable and legitimacy.I just think that Xiaozhong's vacation time is too long, but did not inform Xiao Zhong. After deducting the reason for the reasonable leave, Xiaozhong had not been absent from work for three days.Essence
Integrate the above situation, the psychological counseling company has a lack of legal, reasonable, and legitimacy based on the application for leave of the wedding and subsequent off -work behaviors based on the wedding, and the lack of legal, reasonable, and legitimacy, which constitutes an illegal termination.The amount of illegal lift claimed by Xiaozhong's change is not higher than the legal standards, and it should be allowed.The Shanghai No. 1 Central Court finally judged that the psychological counseling company paid Xiaozhong's illegal termination of 46,000 yuan in compensation for labor contracts.
