[consultation]

No statutory provision or clause fixed term labor contract in appearance, labor contract relationshipBe terminated,The enterprise or the employers are not required to pay economic compensation to the laborer

[case]

The parties to the2007Years8Month to unit of choose and employ persons, had engaged in employer's advertising department typesetting and many other work.2008Years12Month, the employer signed with the non fixed term labor contract.2009Years6Month, the employer signed a amount of10Million advertising orders. Advertising for the work of a serious dereliction of duty, resulting in significant economic losses to the employing unit. Subsequently, the employing units to the parties in violation of rules and regulations and work units serious dereliction of duty on the grounds, to terminate the labor contract, party does not take the unit to make decisions, filed a complaint to the labor arbitration committee, require the employer to revoke the decision, and to pay economic compensation to terminate the labor contract of the.

[results] Award

Dismissed the appeal, maintain the dissolution of the labor contract with the employer's decision.

[consultation]

This is because the workers and units made of typical cases of termination of labor contract. The Arbitration Commission to make such decision, there are three reasons: first, the party has violated the relevant provisions of the "labor law", made the decision to terminate the labor contract of the law. "Labor law" of the people's Republic of China No.25The provisions of workers, due to a serious dereliction of duty, engage in malpractices for selfish ends, causing major damage to the interests of the employer, the employer may terminate the labor relationship with the employees. Due to the mistakes in the work to the great economic losses caused by the employing unit, according to the provisions of the parties, the employer terminates the labor contract and decided not to violate the law, should be subject to the Arbitration Commission support. Secondly, the employing units according to the "labor law" article25The units and the rules and regulations of the party to terminate the labor contract, the appropriate legal basis, the legal procedure, there was nothing wrong. Third, leading to today's results, but also with the parties concerned work attitude. Hope the parties can draw lessons from, hearten spirit, a good attitude adjustment, to meet the new challenges of the work.

[advice]

The workers because of dereliction of duty for the employer caused heavy losses, even according to the "labor contract law" does not conform to pay economic compensation condition, therefore, the worker must maintain a positive attitude, complete the tasks in accordance with the employer's rules and regulations, so as to avoid the objective reasons for delaying their own future.

[legal]

"The people's Republic of China Labor Contract Law"

Article thirty-ninth: workers in any of the following circumstances, the employer may terminate the labor contract:

(a) proved during the probation period does not meet the conditions of employment;
(two) a serious breach of the rules and regulations of the employer;
(three) a serious dereliction of duty, engage in malpractices for selfish ends, causing substantial damage to the employer;
(four) workers also establishes labor relationship with other employers, a serious impact on the completion of the work unit, or by the employer, refuse to correct it;
(five) for the twenty-sixth article of this law the provisions of paragraph 1 and the labor contract is invalid;
(six) were investigated for criminal responsibility according to law.
This is a law of contract without instructions shall pay compensation, so employers are not required to pay compensation.

Forty-sixth, sets out to pay economic compensation:
Article forty-sixth in any of the following circumstances, the employer shall pay the economic compensation to the laborer:
(a) the worker in accordance with the law the thirty-eighth regulation and terminate the labor contract;
(two) the employer in accordance with the provisions of this law the thirty-sixth regulation to the laborer proposes to terminate the labor contract and dissolution of the labor contract in accordance with the labor agreement;
(three) the employer in accordance with this law, the provisions of article fortieth termination of labor contract;
(four) the employer discharges the labor contract in accordance with this law, the provisions of the first paragraph of the forty-first;
(five) in addition to the employer to maintain or improve the conditions agreed to renew the labor contract labor contract, laborer does not agree to renew the situation, a fixed term labor contract is terminated in accordance with the forty-fourth paragraph;
(six) to terminate the labor contract in accordance with the provisions of this Law forty-fourth article fourth, fifth paragraph;
(seven) other circumstances stipulated by the laws, administrative rules and regulations.

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