The court ruled this after workers were sued by the company for layoff due to COVID-19

2022-05-16 0 By

A worker isolation period was laid off suing unit The court believes that enterprises in economic layoffs, should strictly abide by the provisions of the law workers because of the epidemic isolation at home, during the layoff, triggered labor disputes.The xiaoshan District People’s Court in Hangzhou, Zhejiang province, recently heard the case and ordered the company to compensate the employee for more than 90,000 yuan.Hu was originally a sales staff of an automobile sales company in Qingdao, Shandong Province. He joined the company in 2016. After the expiry of the three-year contract, he renewed the three-year fixed term labor contract.In March 2020, Hu was quarantined at home because of the epidemic, during which he received the company’s announcement of department cancellation and termination notice.On May 15 of the same year, the company closed down Hu’s work-related account and mailed the labor contract termination certificate.Hu said, I was still quarantined at home when the company terminated my contract. I couldn t understand why they didn t explain the situation to the labor union or give a reasonable explanation.In May 2020, Hu applied for labor arbitration, asking the company to pay compensation and salary, arbitration award, support hu part of the request.Hu later filed a lawsuit to xiaoshan Court, asking the company to pay economic compensation standard twice the compensation, the contract period did not take annual leave wages, has not yet paid two months travel subsidies and other about 126,000 yuan.”The termination of our labor relationship with Hu is a legal termination based on economic layoffs. We notified Hu 30 days in advance as required, and Hu has no right to claim compensation.”In the trial, the company believes that the travel allowance paid every month is the reimbursement of travel expenses, not salary;The company’s resumption of work is delayed due to the epidemic, and the leave during this period can be first deducted as the number of days of annual leave not taken by Hu.The xiaoshan court said the termination procedure did not comply with the provisions of the labor contract law because the employer did not explain the situation to the labor union or all employees, listen to their opinions or report to the labor administrative department before laying off employees.The termination of the labor contract by the employer during the period of isolation also violates the relevant provisions of the Notice of The Department of Human Resources and Social Security of Zhejiang Province on Actively Responding to the Novel Coronavirus Outbreak and Earnestly Doing The Work of Labor Relations.Accordingly, unit of choose and employ persons dissolves labor contract illegally, ought to pay illegal dissolves compensation lawfully.About travel expenses and did not take annual leave wages, the court thinks, the unit of choose and employ persons monthly travel expenses 3000 yuan belongs to fixed cash subsidies, is not reimbursed money, should be included in total wages.Moreover, the employer of the defendant did not reach an agreement with the laborer on the deduction of annual leave from leave taken during the epidemic period, so the annual leave cannot be deducted from leave taken during the epidemic period.In addition, enterprises should pay attention to strictly comply with the provisions of laws and regulations in economic layoffs, and strictly implement the specific number of layoffs, democratic procedures, reporting procedures, and layoff time, otherwise it will constitute the consequences of illegal termination of labor relations.Xiaoshan court after hearing that the company belongs to the illegal termination of the labor contract, the judgment of the company to pay Hu mou illegal termination of the labor contract compensation, 2019 and 2020 did not take annual leave wages and travel subsidies a total of more than 90,000 yuan.The company refused to accept, hangzhou intermediate court filed an appeal.Hangzhou Intermediate Court rejected the appeal and upheld the original verdict.(Zou Ran, Reporter)