The Employee Can Seriously Break The Rules And Regulations And The Unit Can Terminate The Contract.

Chen, a company employee, is often late for work and early retirement. He does not work in accordance with the working hours prescribed by the company. He repeatedly makes his colleagues play the check in time according to the normal commuting hours when he is late or early.

Even two working days, Chen actually did not work for the company, while the electronic attendance records and departmental manual check-in books were recorded in Chen's attendance.

The company believes that Chen has made dishonest records in other ways without attendance.

In violation of the rules and regulations, Chen informed him of the termination of the labor contract and submitted it to the higher level company's trade union for permission.

Chen dissatisfied with the decision of the company, and filed a labor arbitration application, requiring the company to resume his labor relations and pay the corresponding ones.

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Finally, the arbitration agency rejected Chen's request.

Comment: the company's "

"It is stipulated that commuting or calling for work cards or credit cards for others is a moderate fault. Dishonesty and deception are serious faults, and enterprises have the right to make immediate decisions to dismiss them.

The employee handbook established by the company in accordance with its legal procedures does not violate the law and is binding on both parties.

Chen's behavior is dishonest and deceptive, which constitutes "serious fault".

The company terminates the labor contract with Chen according to the provisions of the employee handbook, and tells the trade union of the superior company that it is in compliance with the law in both procedural and substantive handling.

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Qiao Tian Shun, a migrant worker, said he was a security company employee. He was sent to a hotel in August last year to be a security guard.

When he went to work last week, the guesthouse was responsible for telling him to return him to the security company.

I would like to ask: under what circumstances, the employing units can return the workers to the labor dispatch units?

In response to the question of Qiao Tian Shun, Li Nan, a lawyer on duty in Sichuan Chengdu migrant worker's legal aid workstation, said that in order to ensure the stability of the employment of the dispatched workers and prevent the employing units from returning the dispatched workers without any justifiable reasons, the Provisional Regulations on labor dispatch further clarified the situation that the employing units could return the laborers on the basis of the sixty-fifth second sections of the labor contract law.

That is to say, in the following three situations, the dispatched workers can return the dispatched workers to the labor dispatching units: first, the employing units have the provisions of the third and forty-first provisions of the fortieth labor contract law; two, the employing units are declared bankrupt according to law, the business license is revoked, ordered to close down, revoked, decided to be dissolved in advance, or the operation period is no longer allowed to continue operation; three is the termination of the labor dispatching agreement.

At the same time, lawyer Li said that if the dispatched laborers had illness or non public injury prescribed in the forty-second provision of the labor contract law, during the prescribed medical treatment period and the female workers were pregnant, childbearing, and lactation, the employer could not return the dispatched workers to the labor dispatch units according to the first provision of the twelfth paragraph, paragraph 1, of the Interim Provisions on the dispatch of labor.

When the time limit for dispatch expires, it shall continue until the corresponding circumstances disappear.