Sanyan Finance reported on February 11 that today, Jiang Yamei, a "Tesla forced employee to leave", posted that she had received the arbitration result after the labor arbitration hearing on January 26, and her claim was supported.
According to the arbitral award of the Feidong County Labor Arbitration Commission published by Jiang Yamei, on February 20, 2019, Jiang Yamei engaged in delivery consultant work at Tesla. On November 26, 2021, Tesla suspended Jiang Yamei for no reason until December 2, when he was notified of the suspension without written notice, during which Jiang was banned from work. On December 3, 2021, Tesla unilaterally and without reason to notify Jiang to leave the post for leave, in fact, it was illegal to terminate the labor contract in disguise. Jiang Yamei submitted an application in the hope of ruling according to law.
Tesla replied that according to the company's employee handbook, the company can independently require employees to leave their jobs on vacation; and the employment contract in Asia and The United States is about to expire, and the company also notifies it in advance that it will not renew its contract when it expires.
Jiang Yamei also submitted to the arbitration commission a number of evidences such as salary flow, self-statement of the situation, photos of the work site, and chat records with the company's responsible person.
In the end, the arbitration committee held that Tesla has notified Jiang Yamei in writing from December 3, 2021 to leave his post, and the unit will pay labor remuneration normally every month and handle social insurance. Jiang Yamei advocated returning to her original post to work normally and refused paid leave, and the two sides did not reach an agreement.
The term of Jiang Yamei's labor contract has not yet expired, the labor contract stipulates the job position and work place, and now requires to return to work, provide labor according to the position agreed in the labor contract, and request to obtain labor remuneration through his own labor, which is in line with the law, so the labor arbitration commission supports Jiang Yamei's request for both parties to continue to perform the labor contract.
According to previous reports, a netizen named Jiang Yamei, certified as a "Delivery Consultant of Tesla Automobile Sales Service (Hefei) Co., Ltd.", broke the news that he was suspended by Tesla for no reason and was threatened by the leadership.
At present, Tesla has not responded to this matter.