Recently, the Huaibei Labor Court mediated a labor dispute case between the company and a 15-year-old employee, and won 40,000 yuan of economic compensation for the old employee involved, properly resolving the conflict between the two parties, safeguarding the legitimate rights and interests of the laborer, and achieving good social and legal effects.
In July 2008, the plaintiff Chen went to work for the defendant company, and the two parties did not sign a written labor contract. In February 2023, the company asked Chen to go through the voluntary resignation procedures, but after Chen refused, the company orally notified Chen to terminate the labor relationship and stop paying wages. Mr. Chen believed that the company's illegal dismissal had infringed upon his legitimate rights and interests, and filed an arbitration with the Labor and Personnel Dispute Arbitration Commission, which rejected his arbitration application due to insufficient evidence. Chen was dissatisfied with the ruling and filed a lawsuit with the court. The company did not recognize Chen's appeal. The company believes that it has not been dismissed illegally, the two parties have signed a labor contract since October 2010 to establish labor relations, Chen is engaged in the work of a technical supervisor in the company, recently, the company found that Chen often helps in his son's auto repair shop, delaying the company's own work, the company talked to him to communicate, asked whether to transfer for him, Chen has emotions, he will not come to work, and there is no situation where he is not assigned work, and the two sides have not reached an agreement on the transfer. After the trial, there were big differences of opinion between the two sides.
The presiding judge believes that Chen has worked in the company for more than ten years, developed together with the company, and has deep feelings, and resolving the conflict through mediation is the most beneficial way for both parties to resolve the conflict. On the one hand, the judge analyzed the facts and risks of the case for Chen, and on the other hand, explained the relevant legal provisions to the company. However, the company believes that the amount of Chen's claim is too high, the company's efficiency has not been good in the past two years, and it is difficult to meet his requirements, and the company has always wanted to retain Chen. The judge relayed the company's position to Chen, who said that he was also angry for a while, that he had a deep relationship with the company, and now that he understood the company's difficulties, it was impossible to continue working, but he was willing to make concessions on the amount. In the end, the two sides reached an agreement, and the contradiction between the old employee and the company was successfully resolved.
Wen Fei Ruixin