On May 17, the Shenzhen Longgang District People's Court and the Longgang District Human Resources Bureau jointly held a briefing on labor dispute cases in Longgang District and a press conference on typical labor dispute cases in 2023, so as to give full play to the exemplary and leading role of typical cases, effectively promote the prevention and substantive resolution of labor disputes at the source, guide employers to standardize employment, workers to protect their rights in accordance with the law, and build harmonious and stable labor relations. Relevant persons in charge of the Political and Legal Committee of the Longgang District Party Committee, the District Court, the District Human Resources Bureau, the District Justice Bureau, the District Federation of Trade Unions, the Labor and Personnel Dispute Arbitration Court of the District Human Resources Bureau and other departments attended the press conference.
It is reported that in recent years, with the increasing concept of the rule of law of workers and employers, especially the awareness of workers' rights protection, the choice of parties to labor disputes to resolve disputes through arbitration and litigation has shown a relatively obvious upward trend. In 2023, the Longgang District Labor and Personnel Dispute Arbitration Commission will accept a total of 13,568 labor dispute cases, a year-on-year increase of 5.43%. Among them, 2,428 cases were finally brought to the Longgang Court, a year-on-year increase of 22.01%.
It is also understood that since August 2022, the Longgang District Court has launched the reform measures to deepen the professional trial mechanism of civil and commercial cases, and the Pingdi People's Court will focus on hearing all labor dispute cases in Longgang District. This type of case has become one of the main types of cases in civil trials, involving disputes over labor contracts, economic compensation, labor remuneration, work-related injury insurance benefits, confirmation of labor relations, etc., of which labor contract disputes account for 65.2%. In the face of the increasing number of labor dispute cases year by year, the Longgang District Court, the District Human Resources Bureau, the District Justice Bureau, the District Federation of Trade Unions and other departments have joined hands to actively explore the reform of the in-depth connection mechanism of "mediation and adjudication of litigation", fully cohesive, continuously improve the efficiency of labor dispute resolution, and achieve a double improvement in the mediation rate and the efficiency of prevention and disposal of major labor disputes (the mediation rate will increase by 8.18% year-on-year in 2023). The increase in the number of arbitration cases and the cost of protecting the rights of both employers and employees have decreased (the increase in the number of arbitration cases will decrease by 20.19% year-on-year in 2023).
The relevant persons in charge of the Longgang District Court and the District Human Resources Bureau unanimously stated that the top 10 labor dispute cases in Longgang District released this time are arbitration and trial cases jointly selected and recommended by the two units, which are typical and representative. It is the glorious mission and responsibility of relevant departments to work together to handle labor dispute cases well, to safeguard the interests of workers and enterprises, to resolve and reduce the conflicts between parties, to maintain social harmony and stability, and to promote high-quality economic and social development. The 10 cases closely follow the two major themes of safeguarding the legitimate rights and interests of workers and supporting the proper exercise of employment management rights by employers, and use cases as lessons and cases to clarify the law, and disseminate the concept of the rule of law to the whole society, with a view to further improving the quality and efficiency of labor dispute resolution, safeguarding the legitimate rights and interests of workers and employers, supporting the legitimate rights and interests of employees, and guiding enterprises in compliance management.
【Introduction to some typical cases】
1. The liquidation entity shall bear the responsibility for the cancellation of debts and debt avoidance
A company was established in June 2013, engaged in the technology development, production, processing and sales of glasses and glasses accessories, the legal representative is Yao Moujia, and the shareholders are Yao Moujia and Yao Mouyi. Liu joined the company on May 8, 2018 to engage in polishing work and left on October 3 of that year. The company did not purchase social insurance for Liu. On the day of his resignation, Liu suffered a saw injury to his right thumb and middle finger due to his daily work in the company's production workshop. After the accident, Liu was sent to the hospital for treatment. On January 2, 2020, the Shenzhen Municipal Human Resources and Social Security Bureau issued a decision on the determination of work-related injuries, determining that the accident injury suffered by Liu was a work-related injury. On April 22, 2020, the Shenzhen Labor Ability Appraisal Committee made the conclusion of the initial appraisal of labor ability, and assessed Liu's disability level as grade 10; The period of medical termination and leave with pay is from October 3, 2018 to February 3, 2019. The company completed its liquidation and deregistration on June 19, 2019. Mr. Liu sued the court to demand that Mr. A and Mr. Yao B pay wages for the period of suspension of work, a one-time disability subsidy, a one-time medical subsidy, and a one-time disability employment subsidy.
After trial, the Longgang Court held that Liu, Yao A and Yao B had not filed an administrative reconsideration or administrative lawsuit against the decision to determine work-related injury, and the court accepted the decision, and Liu should enjoy work-related injury insurance benefits in accordance with the law. The company did not purchase social work-related injury insurance for Mr. Liu, and according to the Regulations of Guangdong Province on Work-related Injury Insurance, it should pay Mr. Liu's work-related injury benefits. However, after the accident occurred and before the above-mentioned obligation to pay work-related injury benefits was fulfilled, the company's shareholders Yao X A and Yao X B maliciously cancelled the company, and according to the provisions of the Company Law, the two should bear the responsibility of the original company to Liu. Therefore, it was decided that Yao X A and Yao X B should pay Liu X a total of 107,000 yuan in wages for suspension of work, a one-time disability subsidy, a one-time medical subsidy for work-related injuries, and a one-time disability employment subsidy. After the first-instance verdict was announced, Yao Mouyi appealed, and the second-instance judgment was upheld.
Typical significance of the case——
When the company is deregistered and liquidated, the liquidation group shall notify the creditors within 10 days from the date of establishment and make an announcement in the newspaper within 60 days, so as to liquidate the creditor's rights and debts in a timely manner, so as to avoid the liquidation obligor assuming the debts of the original company after the company is deregistered. If the company is deregistered, and the employee still has unrealized creditor's rights and has not received the liquidation notice, he may sue the original company's liquidation obligor to realize the creditor's rights.
Two If the confidentiality agreement is violated, the employment contract can be terminatedLiang joined a company on July 1, 2019 as the PIE manager of the production engineering department and signed a confidentiality agreement. Article 4 of the agreement stipulates that, except for the performance of his duties, Liang undertakes not to disclose, publish, publish, teach, transfer or otherwise make any third party aware of the knowledge and technical achievements information belonging to the Company or belonging to others but the Company has a commitment to keep confidential, nor shall he use such information outside the performance of his duties; Article 7 stipulates that Liang undertakes that when performing his duties for the Company, he shall not use any work results, research results, technical secrets or other trade secrets belonging to others without authorization, nor shall he carry out acts that may infringe the intellectual property rights of others; Article 16 stipulates that if Liang violates the terms of this agreement and causes economic losses to the company, he shall bear all direct economic losses and indirect losses arising therefrom, and the company reserves the right to pursue Liang's legal liability in accordance with the law; Based on Liang's existing breach of contract, the Company has the right to immediately terminate the labor relationship and labor relationship with Liang without notice, and does not need to pay any form of economic compensation.
On August 10, 2020, Mr. Liang sent the confidential information "List of New Fixtures for Coffee Machines of Company S", which was clearly marked with the name of the cooperative customer S, to the personnel of Company L, another cooperative customer of the Company that competed with Company S, which had a material adverse impact on the reputation and reputation of the Company. On September 24 of that year, the company issued a Notice of Termination of Labor Contract to Liang, arguing that it had violated Articles 4 and 7 of the confidentiality agreement and terminated the employment relationship with Liang. Mr. Liang acknowledged the fact that he had sent the wrong email, but claimed that the email did not involve trade secrets, and believed that the actual situation was that because the labor contract was about to expire, the company deliberately found reasons to illegally terminate the labor contract in order to exempt itself from the responsibility of paying economic compensation, so he applied for labor arbitration to demand that the company pay compensation for the illegal termination of the labor contract.
After trial, the Longgang Court held that the content of the email sent by Liang by mistake included a list of fixtures, pictures of new products, trial production and mass production capacity plans, and the ratio of production products to employees of Company S's newly developed coffee machine products. The email records of Company S and its personnel also show that the sender disclaimer column of Company S contains the words "The contents of this email and any attachments may contain information that is confidential to Company S" and "The information contained in this email is copyrighted". The erroneous email sent by Liang was obviously the knowledge and technical achievement information of the company or others but the company promised to keep it confidential, and his behavior had violated the provisions of the "Confidentiality Agreement" and the "Employee Handbook", and the company's termination of the labor contract with Liang was in accordance with the agreement and was a legal termination, so the company did not need to pay compensation for the illegal termination of the labor contract.
Liang was dissatisfied with the first-instance judgment and appealed, and the original judgment was upheld in the second-instance trial.
Typical significance of the case——
The employer's trade secrets and intellectual property rights are important intangible assets of the employer and the key to the sustainable development of the employer, so the employer can sign a confidentiality agreement with the employee when the employee joins the company, and make clear provisions in the employee handbook to remind the employee to abide by the confidentiality agreement, so as to achieve the purpose of protecting the company's trade secrets and intellectual property rights. The employee shall faithfully perform the confidentiality obligation of the employer, otherwise it may constitute a serious violation of labor discipline and lead to the termination of the labor contract by the employer.
![Detailed explanation of the conditions, procedures and required materials for human resource service licenses[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)