Workers were isolated at home due to the epidemic, during which they were laid off, causing labor disputes. Recently, the people's Court of Xiaoshan District, Hangzhou City, Zhejiang Province heard the case and ruled that the company should compensate the employee for more than 90000 yuan. Hu was originally a business salesperson of an automobile sales company in Qingdao, Shandong Province. He joined the company in 2016. After the expiration of the three-year contract, he renewed the three-year fixed-term labor contract. In March 2020, Hu was quarantined at home due to the epidemic, during which he received the Department cancellation announcement and termination notice issued by the company. On May 15 of the same year, the company closed Hu's work-related account and mailed the labor contract termination certificate. "I was still isolated at home when the company terminated the contract. They didn't explain the situation to the trade union or give a reasonable explanation. I can't understand it," Hu said In May 2020, Hu applied for labor arbitration and asked the company to pay compensation and salary. The arbitration award supported some of Hu's requests. Later, Hu filed a lawsuit to Xiaoshan court and asked the company to pay about 126000 yuan, such as twice the economic compensation standard, the salary of annual leave not taken during the contract period, and the unpaid two-month travel subsidy. "The termination of our labor relationship with Hu is based on the legal termination of economic layoffs. Hu was notified 30 days in advance as required, and Hu has no right to claim compensation.". During the trial, the company held that the travel allowance paid every month is the reimbursement of travel expenses and does not belong to salary; The company's resumption of work was delayed due to the epidemic, and the leave during this period can be offset by Hu's unused annual leave days. Xiaoshan court said that before layoffs, the employer did not explain the situation to the trade union or all employees, listen to opinions, or report to the labor administrative department, and its termination procedure did not comply with the provisions of the labor contract law; The employer's termination of the labor contract during the separation of workers is also in violation of the relevant provisions of the Circular of the Zhejiang Provincial Department of human resources and social security on actively responding to the epidemic situation of New Coronavirus infection and doing a good job in labor relations. Therefore, if the employer terminates the labor contract in violation of the law, it shall pay compensation for the illegal termination in accordance with the law. With regard to travel expenses and wages for unused annual leave, the court held that the 3000 yuan of travel expenses paid by the employer each month belongs to a fixed cash subsidy, which is not an reimbursement and should be included in the total salary. Moreover, the defendant's employer did not negotiate with the workers on the deduction of annual leave during the epidemic period, so the annual leave cannot be deducted during the epidemic period. In addition, when making economic layoffs, enterprises should pay attention to strictly abide by the provisions of laws and regulations, and strictly implement the specific number of layoffs, democratic procedures, reporting process and layoff time, otherwise it will constitute the consequences of illegal termination of labor relations. After hearing the case, Xiaoshan court held that the company terminated the labor contract illegally, and ordered the company to pay compensation for Hu's illegal termination of the labor contract, wages for unused annual leave and travel subsidies in 2019 and 2020, totaling more than 90000 yuan. The company refused and appealed to the Hangzhou intermediate people's court. Hangzhou intermediate people's court rejected the appeal and upheld the original judgment. (Xinhua News Agency)
Edit：He Chuanning Responsible editor：Su Suiyue
Source：Worker Daily
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