In practice, before the expiration of the labor contract, the company did not issue a notice of termination to the employee, nor did it issue a formal notice of termination, but the employee claimed compensation from the company for the illegal termination of the labor contract, but the court upheld the employee's claim and demanded that the company pay compensationIf you encounter a company that also operates like this, how should you protect your legitimate rights and interests?
Today I will share with you this case, I hope to give you a warning for your work!The company information and personal information in the case are hidden and replaced, which is not true information and is for your reference only
As an employer with management responsibility, Company A should bear the burden of proof for the termination of the employment relationship.
First of all, Company A did not notify Mr. Li in advance of whether to terminate or renew the labor contract when the performance period of the contract expiredSecond, after the expiration of the contract, he did not provide evidence to the court of first instance to prove that he notified Li to terminate the labor contract.
In this case, the company's claim that it was legally terminated had no legal basis, and the court of first instance did not support it, and combined with the time stated in the resignation certificate of Company A's recognition of authenticity presented by Li Moumou on October 13, 2020, it further accepted Li's claim.
Although Company A asserted that it was not clear whether the screenshot of the IIT APP presented by Li Moumou was the amount declared by its company, and that its company, as an employer, should provide evidence for the wages payable to employees, its company should bear the adverse consequences of failing to provide evidence if it did not produce evidence, and according to the bank statement and individual income tax payment list presented by Li, it was consistent with Li's claim, so the court of first instance accepted Li's claim.
After accounting, the average salary of Li Moumou in the 12 months before his resignation was 2948668 yuan, so Company A should pay Li Moumou 88460 compensation for illegally terminating the labor contract04 yuan.
Company A was dissatisfied with the first-instance judgment and appealed to the court of second instance.
According to the resignation certificate submitted by Li, it can be shown that Li Moumou officially terminated the labor relationship with Company A on October 13, 2020, and the company also recognized the authenticity of the resignation certificate.
The company's assertion that the employment contract between the two parties was terminated upon expiration contradicted the fact that the employment relationship between the two parties was disposed of as stated in the resignation certificate, so the company should further bear the burden of proof in this regard.
Although Company A asserted that the evidence submitted by Mr. Li could corroborate the fact that the labor contract was terminated at the expiration of the termination, the corresponding evidence could not prove the company's claim in terms of content, so the court of second instance did not accept the company's claim.
The court of second instance accepted Li's claim. Company A failed to prove the legality of the company's termination of the labor contract, therefore, the court of first instance calculated based on the actual wages payable and found that Company A paid compensation of 88,460 yuan to Li Moumou for illegally terminating the labor contract04 yuan, there is no impropriety, and the court of second instance affirmed it.
The court of second instance ruled as follows, rejecting the appeal and upholding the original judgment.
Through this case, we can know that if you have a labor dispute with the company, we must collect reasonable and effective evidence in a timely manner, and we ordinary workers must have the awareness of labor risk prevention. Evidence collection recommends that you follow the following lines:
First, if the conditions are met, try to collect documentary evidence. For example, pay slips, copies of notices issued by the company, etc.
Second, in the absence of documentary evidence, some electronic evidence may also be collected. Such as email, WeChat chat history, recording, etc.
Thirdly, in the process of gambling with the company, you can mail your personal written opinion to the legal representative of the company in writing. This written opinion must be written on a legal basis, so that the sub-operation can be more effective.
No matter what kind of company we workers work in, it is possible to be laid off or laid off by the company. It is of great significance for us to learn a little more labor rights protection skills on our own occasions, which is of great significance to our career development.
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