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Content provided by : China Center for Labor and Environment
22 Sept 2009
Illegal Employment

Employer believed employee was discipline but could not provide any proof and still terminated the labor contract, which result did this will bring? China Center Expert, Ms. Yang Zhe expressed when intercommunion with some personnel managers that this was illegal termination. The result would be: if employee requested to continue to perform the labor contract, employer must fulfill the contract; if not, employer should pay double economic compensation according to the agreed compensation of terminating labor contract.

Lin worked in Chongqing Mountain Technology Co., Ltd., when he was back from the training he said foul language on the bus and was fired later. Some experts from labor security supervision unit in High-tech District ion expressed that the company's dismissal for Lin was illegal.   

Zhang was discomfort for pregnancy and went to provincial hospital for examination. When she sent the doctor’s proof to company the next day, the company fired her for she did not go to work. After Zhang’s application, there had no result for the mediation. At last, the company was ordered to withdraw the dismissal decision and resume labor relations.


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