Add to Favorites | Chinese
Duty field " details of a case " analysis: Need discretion without probation emp
From;    Author:Stand originally
Brief introduction of one details of a case

Some spin machinery repairs company desire invite applications for a job 3 lathe work, specific employ condition is:
(1) the male, 30 years old the following;
(2) have number of households and total population of this city town;
(3) the technical level that has 3 course lathe work;
(4) healthy;
(5) record without crime.

Spit (experience of 7 years of lathe work) He Xiaotong (experience of 2 years of lathe work) just all was cut down the member of persons employed to come out by an enterprise, see help wanted is applied for, carry interview smoothly, all signed labor contract with this company on Feburary 12, 2006, the agreement adds up to the corresponding period to be restricted 3 years, post is lathe work. Different is the line of business of person of the same trade that the enterprise sees spit has 7 years working experience, interview shows scene, did not agree with its probation; And agreed with Xiaotong the probation of 3 months. Two people work very serious, careful, as a result of,be only at the outset the working skill content that they are engaged in is inferior, face new environment and new working requirement to all feel ability not equal to one's ambition having a place.

After two months pass, workshop director also begins to feel malcontent to the technical level of 2 people. On May 11, with respect to the last day in Xiaotong probation, workshop director calls together spit and Xiaotong to undertake 3 class class is assessed. Means is the blueprint that uses according to studying 3 course lathe work technically, treatment gives eligible part; Chose a few engineers, technician and inspector to form group of company technical examine and approve at the same time. On May 12, the spare parts that group of technical examine and approve machines to two people undertook test, think all unqualified, level of two people technology is insufficient 3 class. On May 13, the company makes a decision: Because spit, Xiaotong does not have the technical level of 3 course lathe work, do not accord with the employ condition of the company, remove to it thereby labor contract. 2 people refuse to obey to this, to labor dispute arbitral committee mentions appeal, the requirement restores labor relation.

2 arbitral results

Labor arbitrates committee supported the appeal of spit and Xiaotong, rule the work that resumes two people and company concerns.

3 experts are commented on

Although spit and Xiaotong all won arbitral support, but the circumstance differs somewhat, need discusses respectively.

Focus one: Although the enterprise is right set of post of invite applications for a job employ condition, but did not agree with place employ employee probation, when discovering employee does not accord with employ condition later whether dismiss this employee.
Previous12 Next
About us | Legal Notices | Sitemap | Links | Partner