Learning Rules And Regulations Is Very Important.

[consultation] I went to work in the factory workshop and did not work in the uniform when I was working.

The factory leader found the matter, ordered me to go back to change my work clothes, and issued a notice to me the next afternoon, saying that I did not dress uniform, seriously violated the rules and regulations, and terminated my labor contract.

But the factory did not arrange for me to learn the rules and regulations, nor did I see it.

Excuse me, is this factory lawful to terminate my labor contract?

Lawyer: Han Binghao, a lawyer from Tianjin Jingdong law firm, gave a reply, according to the thirty-ninth second provisions of the labor contract law:

In any of the following circumstances, the employer may rescind the labor contract:

(two) a serious violation of the rules and regulations of the employing units. "

If the employer unilaterally terminates the contract relationship with the employee in accordance with this clause, it is necessary to prove that the employee still committed the infraction under the circumstances of knowing that he violated the rules and regulations of the unit.

It is the factory rules and regulations to enter the workshop to wear uniform uniform. But the factory did not show you the rules and regulations, nor did you sign it.

So this

There is a flaw in the effectiveness. Although you have committed violations, you promptly corrected your behavior under the leadership of the unit, and did not cause serious consequences to the production and operation of the factory. It does not belong to a "serious violation of the rules and regulations of the employing units". Therefore, the factory has no right to cancel the labor relationship with you.

In conclusion, the factory's notice of termination of labor contract relationship is

The factory has no right to unilaterally cancel the labor contract with you.

It is recommended that you consult with the unit and ask the unit to withdraw the notice of terminating the labor contract relationship.

If the unit does not withdraw the notice, you may apply for arbitration to the labor dispute arbitration committee at the place where the labor contract is performed or where the employer is located, and settle disputes between you and the factory.

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The fortieth clause of the labor contract law stipulates: "if one of the following situations is applied, the employer can notify the worker himself in writing or pay the worker 1 months' salary 30 days ahead of time, and may terminate the labor contract: (1) if the worker is sick or injured, he or she can not engage in the original work after the prescribed medical treatment is expired, nor can he engage in any work arranged by the employing unit separately. (two) the worker is not competent for the work, and after training or adjustment of his post, he is still not competent for the work; (three) the subjective view of the labor contract has changed significantly, resulting in a significant change in the customer view situation, resulting in the labor contract being unable to fulfill, and the employer and the laborer have not been able to reach an agreement on the content of the labor contract after consultation with the laborers."

It can be seen that laborers are not competent for their jobs, and after training or adjustment of jobs, they are still not competent for the work. The employing units have the right to terminate the labor contracts in accordance with the law.

However, the inability of workers to work is an individual capacity problem, rather than a subjective fault, which is fundamentally different from the "serious violation of the rules and regulations of employers" stipulated in the thirty-ninth article of the labor contract law.

If a worker's labor contract is terminated because of serious violation of rules and regulations, the laborer can not get financial compensation. If the employer dismissal the laborer on the grounds that he is unable to do his job, after training or adjustment of his job position, the employing unit shall abide by the forty-sixth article of the labor contract law, "the employer shall rescind the labor contract in accordance with the fortieth provision of this law, and the employer shall pay the economic compensation to the laborer".

Therefore, for the marketing company's refusal to pay economic compensation, you can safeguard your legitimate rights and interests through applying for labor dispute mediation, arbitration or litigation.