On June 23, Huizhou Lehman Optoelectronics Technology Co., Ltd. notified the Dissolution Lighting Channel Division that 17 employees of the department suddenly refused to accept the company to terminate the labor relationship, and applied to the Zhongkai Labor Dispute Arbitration Commission on the grounds that the overtime payment of 300,000 yuan was not paid. arbitration. At the hearing on July 7, many employees said that the company forged the handwriting of employees, and the company responded to the judicial identification of handwriting. The company has given N +1 and other appropriate compensation plans.
The lighting channel business unit was dissolved six months after its establishment. On June 24, the lighting channel business unit was established only half a year ago. At 8:30 in the morning, Fan Youyi, an employee of Huizhou Lehman Optoelectronics Technology Co., Ltd., went to work in the office as usual. However, he found that there was a notice at the door of the office stamped with the official seal of the company. The announcement stated that “the company decided to terminate the labor relationship with all employees of the Lighting Channel Division since June 23, 2014, but the production frontline employees can choose to stay in the company. ."
"There is no omen at all. If we want to dissolve our department, we should inform the law one month in advance according to the labor law." Fan Youyi and his colleagues immediately protested to the administrative department. However, the administrative department replied that “the revocation is a foregone conclusionâ€. After the labor relationship is dissolved, the company will compensate according to the labor contract law. The employee during the probation period will be compensated for half a month's salary, and the employee will be compensated according to N (working years).
Division into two sides heated debate whether the loss of focus <br> <br> Fan Youyi said, lighting channels division of the original 100 employees, 17 of whom eventually decided to jointly apply for labor arbitration, require the company notice of revocation of labor contracts, compensation for 17 people About 300,000 yuan for overtime pay, and asked the company to publish direct evidence of "loss of lighting channel business unit". According to reports, Fan Youyi and other people signed a contract with Huizhou Lehman Optoelectronics for a period of three years, and now they are facing a contract for less than half a year.
Some lawyers pointed out that Huizhou Lehman Optoelectronics should show the specific evidence of the loss of its lighting channel business unit, otherwise the company could not constitute the "material circumstances of a major change" required for the "legal termination of labor contract", and the need to pay more with the employee High compensation.
In the arbitration tribunal on July 7, Huizhou Lehman Optoelectronics' lawyers submitted more than 10 pieces of evidence saying that the lighting channel business unit was established at the beginning of this year, the business progress has not been as expected, and the future profit model is not clear, resulting in a loss. The company therefore decided to terminate all operations in the department.
In a letter submitted by Huizhou Lehman Optoelectronics on June 20th to the Dongjiang Federation of Trade Unions, the lighting channel business unit totaled 75 people. In the nearly 6 days of negotiations, “employee emotions are inevitably somewhat abnormal.â€
In the trial, many employees pointed out that the company's document time descriptions on June 20th belonged to the company's fabrication. "Before June 20, we had no negotiation at all." The signature of the relevant documents was also forged.
The core issue of the debate is whether the company's lighting channel division is losing money. The staff proposed that the Lehman Lighting Channel Division was not established for a long time, and the related products have not yet come out. At present, the loss status is not true. "At most, it is the part of wages."
Huizhou Lehman Optoelectronics Attorney said that there is no evidence of loss from the company's department, and the company's annual or half-year earnings report can explain the problem.
Behind the scenes supporter of the rights of employees are former general manager <br> <br> Fushi Liang and Huizhou Lehman photoelectric south are both a lawyer told reporters that so many employees apply for arbitration, the actual behind the scenes supporters for the cause of the original total Manager Cao Zhigang. Lehman’s attorney said that Cao Zhigang’s multi-million yuan fund was pledged to a third party. The company originally planned to stop the business unit in April, but Cao Zhigang agreed to share the risk of related business losses with some of his assets. “The result is I still lost in June, so I stopped this department."
Cao Zhigang said that he has a pledge agreement with Huizhou Lehman Optoelectronics, but the agreement he reached with the company is that the department will operate at least until the end of the year. "It has just stopped in 2 months (from April). It is to hang my money." Cao Zhigang said that he also has to defend his rights. He and Shenzhen Lehman Optoelectronics will have a follow-up trial in the Shenzhen court.
The lighting channel business unit was dissolved six months after its establishment. On June 24, the lighting channel business unit was established only half a year ago. At 8:30 in the morning, Fan Youyi, an employee of Huizhou Lehman Optoelectronics Technology Co., Ltd., went to work in the office as usual. However, he found that there was a notice at the door of the office stamped with the official seal of the company. The announcement stated that “the company decided to terminate the labor relationship with all employees of the Lighting Channel Division since June 23, 2014, but the production frontline employees can choose to stay in the company. ."
"There is no omen at all. If we want to dissolve our department, we should inform the law one month in advance according to the labor law." Fan Youyi and his colleagues immediately protested to the administrative department. However, the administrative department replied that “the revocation is a foregone conclusionâ€. After the labor relationship is dissolved, the company will compensate according to the labor contract law. The employee during the probation period will be compensated for half a month's salary, and the employee will be compensated according to N (working years).
Division into two sides heated debate whether the loss of focus <br> <br> Fan Youyi said, lighting channels division of the original 100 employees, 17 of whom eventually decided to jointly apply for labor arbitration, require the company notice of revocation of labor contracts, compensation for 17 people About 300,000 yuan for overtime pay, and asked the company to publish direct evidence of "loss of lighting channel business unit". According to reports, Fan Youyi and other people signed a contract with Huizhou Lehman Optoelectronics for a period of three years, and now they are facing a contract for less than half a year.
Some lawyers pointed out that Huizhou Lehman Optoelectronics should show the specific evidence of the loss of its lighting channel business unit, otherwise the company could not constitute the "material circumstances of a major change" required for the "legal termination of labor contract", and the need to pay more with the employee High compensation.
In the arbitration tribunal on July 7, Huizhou Lehman Optoelectronics' lawyers submitted more than 10 pieces of evidence saying that the lighting channel business unit was established at the beginning of this year, the business progress has not been as expected, and the future profit model is not clear, resulting in a loss. The company therefore decided to terminate all operations in the department.
In a letter submitted by Huizhou Lehman Optoelectronics on June 20th to the Dongjiang Federation of Trade Unions, the lighting channel business unit totaled 75 people. In the nearly 6 days of negotiations, “employee emotions are inevitably somewhat abnormal.â€
In the trial, many employees pointed out that the company's document time descriptions on June 20th belonged to the company's fabrication. "Before June 20, we had no negotiation at all." The signature of the relevant documents was also forged.
The core issue of the debate is whether the company's lighting channel division is losing money. The staff proposed that the Lehman Lighting Channel Division was not established for a long time, and the related products have not yet come out. At present, the loss status is not true. "At most, it is the part of wages."
Huizhou Lehman Optoelectronics Attorney said that there is no evidence of loss from the company's department, and the company's annual or half-year earnings report can explain the problem.
Behind the scenes supporter of the rights of employees are former general manager <br> <br> Fushi Liang and Huizhou Lehman photoelectric south are both a lawyer told reporters that so many employees apply for arbitration, the actual behind the scenes supporters for the cause of the original total Manager Cao Zhigang. Lehman’s attorney said that Cao Zhigang’s multi-million yuan fund was pledged to a third party. The company originally planned to stop the business unit in April, but Cao Zhigang agreed to share the risk of related business losses with some of his assets. “The result is I still lost in June, so I stopped this department."
Cao Zhigang said that he has a pledge agreement with Huizhou Lehman Optoelectronics, but the agreement he reached with the company is that the department will operate at least until the end of the year. "It has just stopped in 2 months (from April). It is to hang my money." Cao Zhigang said that he also has to defend his rights. He and Shenzhen Lehman Optoelectronics will have a follow-up trial in the Shenzhen court.
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