"Bottom out" illegal termination of labor contract


xinhuashe· 2016-12-01 20:24:49

" in November 30, Xinhua news agency, Beijing (reporter Luo Sha) announced the Supreme People's Court on 30 of the "Eighth National Court civil adjudication work conference (civil part) summary" clear, the employer by the "bottom out" or "competition" in the form of unilateral lifting of the labor contract in the term of the labor contract, the employer employee may terminate the labor contract law on the grounds that the request for the employer to continue to fulfill the labor contract or payment of compensation. A

supreme people court official said, "elimination" and not relieve the labor contract between the equivalent, terminate the labor contract must be carried out in accordance with the law. From the labor contract law, our law does not allow the employer and the employee agreed to terminate the labor contract with the "bottom out" on the grounds of the labor contract, visible enterprise management assessment of the bottom staff to be eliminated, the lack of legal basis.

according to the briefing, the summary of the labor dispute litigation on the trial of the convergence of some of the issues are standardized, easy to work with the parties to exercise the right of action.

"Eighth National Court civil adjudication work conference (Civil) summary" part of a total of 8 36, involving the case of marriage and family disputes, infringement disputes, cases of real estate disputes, property disputes, labor disputes, the construction contract dispute case and civil trial procedure etc.. The introduction of the minutes will guide the people's courts at all levels shall, in accordance with the law, just try all kinds of civil cases, properly protect the legitimate rights and interests of all types of civil subjects, effectively promote the sustained and healthy development of the economy and society.

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