Supreme Court: 8 Guiding Cases on Labor Contract Disputes
Guiding Case No. 18: ZTE (Hangzhou) Co., Ltd. v. Wang Peng, a labor contract dispute
2013-18-2-186-001 / Civil / Labor Contract Dispute / Hangzhou Binjiang District People's Court / 2011.12.06 / (2011) Hang Bin Min Chu Zi No. 885 / First Instance
Summary of the case
If an employee is at the bottom of the employer's grade assessment, it is not equivalent to being "incompetent for the job" and does not meet the statutory conditions for unilateral termination of the labor contract, and the employer cannot unilaterally terminate the labor contract on this basis.
Guiding Case No. 179: Nie Meilan v. Beijing Lin Brothers Culture Co., Ltd., a case of confirmation of labor relations
2022-18-2-186-001 / Civil / Labor Contract Dispute / Beijing Higher People's Court / 2019.04.30 / (2019) Jing Min Shen No. 986 / Retrial
Summary of the case
1. Where an eligible entity for labor relations enters into an agreement in the name of "cooperative operation", but the content of the rights and obligations of both parties and the actual performance of the agreement meet the criteria for determining labor relations, and the employee claims that there is an employment relationship with the employer, the people's court shall support it.
2. Where the written agreement signed between the employer and the employee contains the terms of the labor contract such as the work content, labor remuneration, and the term of the labor contract, which comply with the provisions of Article 17 of the Labor Contract Law, and the employee requests payment of the second time of the salary on the grounds that the employer has not concluded a written labor contract, the people's court shall not support it.
Guiding Case No. 180: Sun Xianfeng v. Huai'an West District Human Resources Development Co., Ltd., a labor contract dispute
2022-18-2-186-002 / Civil / Labor Contract Dispute / Lianyungang Intermediate People's Court of Jiangsu Province / 2019.04.22 / (2019) Su 07 Min Zhong No. 658 / Second Instance
Summary of the case
When judging the legality of the employer's unilateral termination of the labor contract, the people's court shall take the content of the termination notice issued by the employer to the employee as the basis for determination. In the course of the trial of the case, if the employer goes beyond the basis and reasons specified in the notice of termination of the labor contract and separately submits that the employee has seriously violated the rules and regulations of the employer during the performance of the labor contract, and claims that the conditions for terminating the labor contract are met on this basis, the people's court shall not support it.
Guiding Case No. 181: Zheng v. Honeywell Automation Control (China) Co., Ltd., a labor contract dispute
2022-18-2-186-003 / Civil / Labor Contract Dispute / Shanghai No. 1 Intermediate People's Court / 2021.04.22 / (2021) Hu 01 Min Zhong No. 2032 / Second Instance
Summary of the case
The management of the employer shall take reasonable measures to deal with the complaints of the sexually harassed employees. Where managers fail to take reasonable measures or condone sexual harassment or interfere with the investigation of sexual harassment, and the employer terminates the labor contract on the grounds that the management personnel have failed to perform their duties and seriously violated rules and regulations, and the management personnel claim that the termination of the labor contract is illegal, the people's court will not support it.
Guiding Case No. 182: Peng Yuxiang v. Nanjing Urban Construction and Development (Group) Co., Ltd., a dispute over recourse to labor remuneration
2022-18-2-186-004 / Civil / Labor Contract Dispute / Nanjing Intermediate People's Court of Jiangsu Province / 2020.01.03 / (2018) Su 01 Min Zhong No. 10066 / Second Instance
Summary of the case
If an employer stipulates that an employee can receive a bonus after completing a certain amount of performance, and refuses to perform the examination and approval obligation without justifiable reasons, and the employee who meets the conditions for the award claims that the award conditions have been achieved, the employer shall pay the bonus in accordance with the regulations, and the people's court shall support it.
Guiding Case No. 183: Fang Yue v. Sino-US MetLife Insurance Co., Ltd., a labor contract dispute
2022-18-2-186-005 / Civil / Labor Contract Dispute / Shanghai No. 2 Intermediate People's Court / 2019.03.04 / (2018) Hu 02 Min Zhong No. 11292 / Second Instance
Summary of the case
Where an employee who resigns before the payment of the year-end bonus claims that the employer pays the year-end bonus, the people's court shall consider factors such as the reason for the employee's resignation, the time of resignation, work performance, and the degree of contribution to the employer. The rules and regulations of the employer stipulate that an employee who resigns before the payment of the year-end bonus is not entitled to the year-end bonus, but the termination of the labor contract is not caused by the employee's unilateral negligence or voluntary resignation, and the employee has completed the annual work tasks, and the employer cannot prove that the employee's work performance and performance do not meet the standards for the payment of the year-end bonus, and the employee who resigned before the payment of the year-end bonus claims that the employer pays the year-end bonus, the people's court shall support it.
Guiding Case No. 184: Ma Xiaonan v. Beijing Sohu New Power Information Technology Co., Ltd., a non-compete dispute
2022-18-2-186-006 / Civil / Labor Contract Dispute / Beijing No. 1 Intermediate People's Court / 2018.08.22 / (2018) Jing 01 Min Zhong No. 5826 / Second Instance
Summary of the case
If the employer and the employee agree in the non-compete clause that the period for applying for arbitration and filing a lawsuit in the event of a dispute arising from the performance of the non-compete clause shall not be included in the non-compete period, it is a circumstance where "the employer exempts itself from statutory liabilities and excludes the rights of the employee" as provided for in Item 2 of Paragraph 1 of Article 26 of the Labor Contract Law, and shall be deemed invalid.
Guiding Case No. 190: Wang Shan v. Wind Information Technology Co., Ltd., a non-compete dispute
2022-18-2-186-007 / Civil / Labor Contract Dispute / Shanghai No. 1 Intermediate People's Court / 2022.01.26 / (2021) Hu 01 Min Zhong No. 12282 / Second Instance
Summary of the case
When hearing a non-compete dispute case, the people's court shall review whether the employee's self-employed or newly recruited employer has formed a competitive relationship with the original employer, and shall not only make a determination based on whether the business scope registered in accordance with the law overlaps, but also make a comprehensive judgment based on whether the actual business content, service targets or product audiences, corresponding markets and other aspects overlap. Where the worker provides evidence to prove that the actual business content, service targets or product audiences, and corresponding markets of the self-employed or newly recruited employer are different from the original employer, and the claim that there is no competitive relationship, the people's court shall support it.
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