[Brief facts of the case].
Xiao Zhong is a designer in the marketing department of a company, and he and his girlfriend agreed to hold a wedding ceremony during the National Day in 2023, so he decided to enjoy his marriage leave and return to his hometown to hold the wedding. However, he applied for marriage leave twice, but was rejected twice by the company.
Xiao Zhong was helpless and asked if he could take personal leave if the marriage leave was not approved. However, the company did not give any reply to this. In late September, the company issued a new "Attendance Management Measures", which stipulates that those who are absent from work for 3 consecutive days or 5 days in a year will be immediately dismissed.
In desperation, Xiao Zhong negotiated with his girlfriend whether he could postpone the marriage, and replied, "Is it child's play to have a major marriage event?"Xiao Zhong asked for leave again but did not reply, so he returned to his hometown as scheduled to hold a wedding. However, when he returned, what awaited him was a notice of dismissal for being absent from work for five days. On October 7, the labor contract with Xiao Zhong was terminated. After several failed attempts to communicate with the company, the company filed a labor dispute arbitration and demanded that the company pay compensation for the illegal termination of the labor contract, but the labor arbitration committee did not support the claim. Xiao Zhong filed a lawsuit with the court.
In the first instance, Xiao Zhong filed a claim with the court, demanding that the company pay compensation for the illegal termination of the labor contractMore than 20,000 yuan. After careful consideration, the trial court held that the arrangements during the National Day period were reasonable in view of the company's special business scope and work characteristics. Moreover, both parties confirmed that Xiao Zhong held an ordinary position in the company, so it was reasonable for the company to reject Xiao Zhong's application for marriage leave and recommend that he change the leave method in light of the specific circumstances of the company and Xiao Zhong. However, Xiao Zhong took a leave of absence without the company's consent and did not return to work on time despite repeated reminders from the company, which made the company's termination of the employment contract not improper. Therefore, the court of first instance did not support Xiao Zhong's request for payment of compensation. Xiao Zhong was not satisfied with this result and appealed to the Shanghai No. 1 Intermediate People's Court.
In the second instance, Xiao Zhong emphasized that the company's refusal of his marriage leave was unreasonable, and that his position was not the main position, and that the leave would not have an impact on the company's daily operations. He again demanded that the company pay compensation for the illegal termination of the labor contract, which was still 8More than 20,000 yuan. In this regard, the company said that due to the small number of employees in the company and the large workload of each employee, it is difficult to find suitable personnel to replace Xiao Zhong's job during the peak business season of the National Day. Although Xiao Zhong did not agree with the company's statement, he changed the amount of compensation to 460,000 yuan.
After the trial, the Shanghai No. 1 Intermediate People's Court held that although it was a fact that Xiao Zhong did not go to work for several days without his leave being approved, as far as the reason for his leave was concerned, his request to return to his hometown to hold a wedding was in line with China's traditional customs and customs, so the reason for taking leave was justified. Judging from the process of asking for leave, Xiao Zhong has repeatedly applied for leave to the person in charge of the company in order to hold the wedding, and explained in detail the reasons for the leave, expressed his difficulties, and said that if the company does not agree to his annual leave and marriage leave, he is willing to take personal leave. This shows that Xiao Zhong has fulfilled due care and prudent obligations in the process of requesting leave. Considering the number of days of leave, combined with Xiao Zhong's reason for taking leave and the location of the wedding, the number of days of leave is not unreasonable.
Final Judgment] After a prudent trial by the Shanghai No. 1 Intermediate People's Court, it ruled that the company's punitive measures against Xiao Zhong were too severe, which constituted an illegal termination of the labor contract. The company failed to fully take into account the special circumstances of the small middle school in the handling process, so the court of second instance reversed the judgment. The court ruled that the company must pay compensation to Xiao Zhong for the illegal termination of the employment contract, which was as high as 460,000 yuan.
This labor dispute case, which lasted one year and four months due to the termination of the labor contract, finally came to an end.
In this case, Judge Sun, the person in charge of the labor dispute team of the Civil Trial Division of the Shanghai No. 1 Intermediate People's Court, clearly pointed out that although the employer has the right to formulate rules and regulations and manage employment based on production and business needs, the exercise of its rights must comply with laws and regulations and be reasonable and legitimate. He stressed that while pursuing economic benefits, employers cannot ignore or infringe on the legitimate rights and interests of workers. As an employee, while protecting your own rights and interests, you should also understand the actual operating pressure of the employer and make reasonable demands. As for judicial adjudicators, the judge believes that on the premise of respecting the wishes of the parties, the workers and the employer should be actively guided to understand and cooperate with each other, so that the adjudication results can not only protect the legitimate rights and interests of the workers, but also promote the survival and development of the employing enterprise. This incident reminds us that companies should pay full attention and consideration to the special needs of their employees to avoid paying unnecessary costs due to momentary negligence.