Recently, an employee of China Unicom Digital Technology analyzed the successful experience of arbitration after being illegally dismissed on the workplace platform. China Unicom Digital Technology Co., Ltd. is a subsidiary of China Unicom, mainly engaged in digital technology services. The employee, who works in the security division of China Unicom Digital, was unilaterally terminated by the company on the grounds of violating discipline or being incompetent for work, and was deducted from wages, delayed social security reduction, and refused to pay reimbursements because he refused to sign the notice of termination during the probationary period.
Dissatisfied, the employee applied to the arbitration commission for labor arbitration, demanding that the company pay 2N compensation, pay back wages, pay overtime pay, compensate for the loss of unemployment benefits, pay reimbursements, etc. After the arbitration hearing, the arbitration committee found that the company's illegal acts were true and ordered the company to pay the employee compensation. This case has aroused widespread concern in the society, and has also provided reference for other employees who have encountered similar situations.
The employee works in the security division of China Unicom Digital Technology, and is mainly responsible for the development and maintenance of Internet of Vehicles projects. The company requires the employee to sign a notice of termination of the probationary period before the end of the probationary period, otherwise the employee's file will be affected. The employee believed that this was an unreasonable request from the company and refused to sign. The company then closed the employee's OA account and issued the employee with a certificate of termination of the employment contract, which stated "in accordance with Article 39 of the Labor Contract Law", which means that the employee had violated discipline or was incompetent for the job, and this was done in order to make it difficult for the employee to find a job. The company also deducted 40% of the employee's salary on the day of payroll, and then delayed for 30 days before processing the social security reduction, and checked "personal resignation" on the reason for the reduction, so that the employee could not receive unemployment benefits. The company also refused to pay the employee's reimbursements, including transportation expenses, meals, etc.
The employee believed that the company's actions seriously infringed on his legitimate rights and interests, and decided to apply to the arbitration commission for labor arbitration, demanding that the company pay 2n compensation, pay back wages, pay overtime pay, compensate for the loss of unemployment benefits, pay reimbursements, etc. The employee also disclosed his experience on the workplace platform, which attracted the attention and support of netizens.
After the notice of acceptance of the arbitration was issued, the company knew that it was in the wrong, and secretly changed the reason for the social security reduction to "dismissal from the company". However, this has violated the provisions of the Social Insurance Law, and the reduction of social insurance personnel shall be handled within the next month after the termination of the labor contract, otherwise the corresponding legal liability shall be borne. Moreover, the company's doing so also shows that it is weak-minded, why should it change the reason for the social security reduction after the arbitration acceptance notice is issued? Isn't this a slap in the mouth?
At the time of the arbitration hearing, the company sent four people to arrive, but they were still late. The company's defense lawyer produced some false evidence, such as the company sent an email to the employee informing the employee of the termination of the employment contract, but the employee never received the email, and the email was sent after the notice of acceptance of the arbitration was issued. The company also said that the employee had violated discipline or was incompetent for work, but could not produce any evidence to prove it.
After the arbitration hearing, the company did not give up, and tried to get the employee to delete the post on the workplace platform through various means, saying that the arbitration award would pay how much and not pay the employee's money. The company also tried to mediate with the employee, offering unreasonable conditions, such as asking the employee to delete the post or sign a non-disclosure agreement. The employee refused, insisting that the company comply with the arbitration committee's ruling.
In the end, the arbitration committee found that the company's illegal acts were true and ordered the company to pay the employee compensation.
In the author's opinion, the employee's courage is really commendable, and the average employee is either afraid of trouble, or retreats when he sees the company hiring a lawyer, and few are so brave and tough to the end. That's all for this article, if you like this article, welcome to like and collect it