What Is The Responsibility For Breaking The Labor Contract Of Trade Union Workers?

It is illegal for an employer to unilaterally terminate or terminate the labor contract before the expiration of the labor contract, in violation of the relevant provisions of the labor contract law.

Under such circumstances, ordinary workers have the right to choose and continue to perform.

If it does not require further performance of the labor contract, it may require the employer to pay the illegal compensation fee in accordance with the two times of the economic compensation (that is, the salary standard of two months per job for a full year).

According to the interpretation of the Supreme People's Court on Several Issues concerning the application of the "People's Republic of China trade union law" in the civil trial work, the sixth provision provides that the people's court can handle the labor dispute cases involving workers and trade union workers who have been removed from labor contracts because of their participation in trade union activities or fulfilling their duties stipulated by the trade union law. They can resume their work according to the request of the parties concerned, and renew the remuneration received during the rescission of the labor contract. Or, according to the request of the parties, the employer shall grant him two times the annual income, and refer to the eighth provision of the economic compensation measures for violating and relieving the labor contract to give the economic compensation for the termination of the labor contract.

Violation and termination

The eighth provision of the "economic compensation method" stipulates that the objective situation based on the conclusion of the labor contract has undergone major changes, resulting in the failure of the original labor contract to be fulfilled. After the parties concerned have not negotiated an agreement on changing the labor contract, and the employer has rescinded the labor contract, the employer has paid an economic compensation equivalent to one month's wages every year for a full-time year according to the working life of the worker in his unit.

From the above provisions, trade union workers and ordinary workers

There are two differences.

First, the calculation method is different.

Compensation for ordinary workers shall be paid in accordance with two times of the economic compensation; compensation for trade union workers shall be paid two times according to their annual income.

The two is economic compensation.

For ordinary workers, they pay the economic compensation, no longer pay the economic compensation; they must pay the economic compensation for the union workers, and also pay the economic compensation.

For example, a laborer who works for eight years (5000 yuan per month) is disqualified from the labor contract. As an ordinary worker, the compensation is 8 months, 2 times x 5000 yuan =80000 yuan; if the trade union worker is compensated, it is 24 months (2 years) +8 months (economic compensation) =32 months * 5000 yuan =160000 yuan.

The difference between the two is 80000 yuan.

It embodies the special protection of law to trade union workers.

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Economic compensation is not the same as breaking the labor contract compensation illegally.

Economic compensation refers to the economic subsidies paid by the employer to the laborers in accordance with the law after the termination or termination of the labor contract.

In order to terminate or terminate the labor contract with the employees, the employer shall pay the economic compensation in accordance with the law only in addition to clearing wages, paying social security fees and housing provident funds in full.

However, if the unit is illegal and the Employee terminates or terminates the labor contract, according to the eighty-seventh provision of the labor contract law, "if the employer violates the provisions of this law to terminate or terminate the labor contract, it shall pay compensation to the laboring person in accordance with two times the economic compensation standard stipulated in the forty-seventh provision of this law."

The compensation is that the employer illegally terminates or terminates the labor contract, and the worker fails to continue to fulfill the labor contract or labor contract. The employer should pay compensation to the worker in accordance with the economic compensation standard two times.

Economic compensation is paid by laborers according to the number of years worked by their workers in their units, and the wages paid for one month per full year.

For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months.

If the illegal labor contract is terminated or terminated, the compensation shall be paid two times according to the above standard.

However, whether the employer is required to pay damages depends on whether it is lawful or illegal to terminate or terminate the labor contract with employees. Only when the law is lifted, payment is required.

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