[Summary of the trial]
The employer stated in court that its company did not express its intention to terminate the employment relationship on August 4, 2023 on the grounds that Wang had been absent from work for more than 5 consecutive days in 12 consecutive months, but Wang's direct leader sent the Notice of Employee Disciplinary Handling to Wang on August 4, 2023 Earlier than Wang submitted the written resignation letter, and based on the statements of both parties regarding Wang's resignation process, the court accepted Wang's claim that the submission of the written resignation letter was based on the employer's notice that it could avoid putting the disciplinary termination notice into his personal file, and further determined that the labor contract between the two parties was proposed by the employer and terminated by Wang through consultation, and the employer should pay Wang severance for terminating the labor contract.
【Brief Facts of the Case】
Mr. Wang joined a company in Beijing on March 28, 2012, and his attendance method was facial recognition. The two parties signed an indefinite employment contract on March 28, 2017. The employment relationship between the parties was terminated on August 4, 2023. Wang's actual attendance will be until August 4, 2023, and a company in Beijing will pay social insurance and provident fund for Wang until July 2023, and pay wages until August 4, 2023.
Wang asserted that his direct leader, Zhang, verbally informed him of his dismissal through WeChat voice phone on August 4, 2023, and sent him a "Written Disciplinary Handling Notice" in the afternoon of the same day, which recorded that "there was absenteeism at work, or fraud in the attendance system, and the reason for being absent from work for more than three consecutive days, or accumulating absences for more than 5 consecutive days in 12 months" did not exist, so it was an illegal termination.
On June 6, 2023, it was verified that Wang was absent from work in the first quarter of 2023, so it did not pay Wang's performance bonus for the second quarter of 2023, and did not deduct Wang's salary in October and November 2022 according to absenteeism. A company in Beijing submitted a resignation letter, an audit form, and a notice of resignation to the employee. Wang recognized the authenticity of the resignation letter and did not recognize the purpose of the proof. Wang said that Zhang informed him that he had an anonymous report email about him around July 14, 2023, reporting that Wang was playing with his mobile phone and chatting with others and not working, and Zhai, the head of the administrative team of a company in Beijing, told him in the office around July 29 and 30, 2023 that if he did not resign, he would put the "Notice of Disciplinary Handling" into his personal file, and he did not reply on the same day, and Zhang persuaded him to leave many times after that, and he did not reply on August 4, 2023 20Based on this situation, he filled out the resignation letter, the handover review form, and the resignation employee notice at around 21:00 on August 4, 2023, and the resignation letter was not voluntary, but was signed under the company's inducement and coercion.
Wang claimed that a company in Beijing was illegally terminated and demanded that it pay compensation for illegal termination, and the two parties had a dispute and sued the arbitration commission.
【Judgment Result】
The Labor and Personnel Dispute Arbitration Commission of the Beijing Economic and Technological Development Zone issued an award rejecting Wang's arbitration request for illegal dismissal of compensation;
Beijing Daxing District People's Court (2023) Jing 0115 Min Chu No. 25912 Civil Judgment to pay Wang 141,785.57 yuan in severance for terminating the labor contract.
【Case Tips】
Reminder to employers: Employers must ensure that all management systems, regulations and work processes are strictly in compliance with laws and regulations, and are effectively implemented in daily operations. For example, attendance systems and disciplinary regulations should be clear and reasonable, and employees should be given adequate training and explanations when they join the company. When dealing with employee relations, the principles of fairness, impartiality and openness should be upheld, and employees should never be threatened by coercion or fraud. Otherwise, even if the employee submits a resignation letter, if evidence can be obtained to prove that it was submitted involuntarily, the court may presume that it is a termination of the employment relationship after mutual agreement between the parties.
Remind employees: When dealing with resignation and other issues, they should respect and safeguard their legitimate rights and interests, and should not be affected by any improper means or words. Before deciding to resign, you should fully understand the possible consequences and ensure that your resignation is both legal and compliant. If the employee is unduly threatened or induced by the employer, the employee has every right to refuse the employer's offer of resignation and may request the employer to issue a written notice of termination of the employment relationship.
Disclaimer: The content of this article is for reference only and is not intended as legal advice for specific cases.