After graduating, Liu worked in a real estate company, and the two parties signed a five-year labor contract. Because Liu is a technician, his salary is higher than that of ordinary people.
Affected by the epidemic, Liu's company stopped work for more than two months, and when the epidemic was controlled, the work at Liu's construction site returned to normal one after another. At the same time, shops and restaurants on the street have also resumed business.
After getting off work on weekdays, Liu often goes to the tavern with two colleagues to make two or two small wines and cheer for home. This is the tenth day of resumption of work, and after work, Liu and the others came to the tavern to drink again.
The tavern is not big, and there are already three tables of people in the room. Liu ordered food and wine, and immediately started drinking. Liu is honest and honest in drinking, he thinks he drinks a lot, and he takes the lead in drinking without being persuaded by anyone. This time it was like this again, and it didn't take long for the two bottles of liquor to bottom.
At this time, several young people at the adjacent table also drank high, and the people at the two tables who had drunk and fainted first quarreled without talking, and then scuffled together. Later, someone called the police, and several people were taken away.
After the incident, Liu and the others were criminally detained by the public security on suspicion of picking quarrels and provoking trouble. Liu spent more than 10 days and nights in agony in the detention center before regaining his freedom after being released on bail pending trial.
At the time of the incident, the construction site had just resumed work, and it was also the time when Liu was needed. Seeing that Liu did not show up for more than ten days, the leader was very angry and felt that this person was extremely irresponsible for his own work. As a result, the company decided to unilaterally terminate the labor contract with Liu on the grounds that he was absent from work for more than 10 consecutive days. After the company reported this decision to the labor union for approval, it mailed the unilateral termination of the labor contract to Liu.
Liu came out of the detention center and received a unilateral termination of the labor contract from the company, which was completely unacceptable. Liu found the company's leaders and said sincerely"I'm very satisfied with my job, it's not that I don't want to come to work these days, it's not that I'm deliberately absent from work, I'm squatting in the class room and I'm helpless and involuntarily!"
Liu got a reply"According to the company's rules and regulations, the company has the right to dismiss an employee who is absent from work for three days without approval. You haven't come to work for more than 10 days, and you've been criminally detained by the police for fighting. 'Labor Contract Law'Article 39 stipulates that it is said'The worker seriously violates the rules and regulations of the employer''Those who have been pursued for criminal responsibility in accordance with law'The company has a reason to unilaterally terminate the labor contract with the company and does not need to pay compensation. "
Neither side could convince anyone, and repeated negotiations were fruitless. Mr. Liu had no choice but to submit an arbitration request to the Labor and Personnel Dispute Arbitration Commission, requesting confirmation that the company's unilateral termination of the labor relationship was illegal and that economic compensation should be paid. Can Liu's arbitration request be upheld?