The prevalence of employees fired three judgments: and relay rights let him go through 30 years of road rights
Recently, the western city court Labor Dispute Tribunal received written on the side, the sword of justice's patron to defend the law spotless "banner, thanks to the three judges to solve a legacy of 30 years of labor dispute.
30 years ago, just work near Wang Fuqing (a pseudonym) was removed from the unit during the period of mental illness. This 30 years, Wang Fuqing has always been associated with disease, his father and brother has to advocate the rights, rights of way is very bumpy. Finally, in the three fair trial Xicheng court Labor Dispute Tribunal of three judges, from the decision is revoked, the labor relationship is confirmed, 30 years of sick leave pay a one-time payment. 30 years finally go through the road of rights.
In the background
1987 God's favored one schizophrenia was expelled
1981 has just entered the University, Wang Fuqing was diagnosed with schizophrenia hebephrenictype. After treatment, two months after the temporary discharge. 1984 years, Wang Fuqing graduated from University, was assigned to work in a plastics factory.
The college students, it is very rare God's favored one. Even if Wang Fuqing had suffered from mental illness, but still the unit entrusted with the task, he was a man in the technical room, the whole operation only a computer.
Because of blind self-confidence, on their condition at the end of 1985, Wang Fuqing had to stop the drug, tardiness, lazy life phenomenon not long.
Units in order to let Wang Fuqing meet people and took him from the technical room to the workshop, but the situation has not improved. Wang Fuqing don't even work, words and deeds are not normal.
The family asked Wang Fuqing to go to hospital for treatment, but he refused to. 1987 at the beginning of the year, Wang Fuqing's father had to ask the doctor of Tsinghua University home king Fuqing immediately issued a medical diagnosis, the diagnosis of the recurrence of schizophrenia that.
Wang Fuqing's condition gradually worsened, motionless on a conflict with someone. The unit personnel department specially visits, ask whether relapse. However, the family out of a good face, and Wang Fuqing worry about job security psychology, insisted that the child is not ill, to hide the truth.
At that time, the workers also often absenteeism, misbehavior Wang Fuqing quite a lot of criticism, that the factory is king of Fuqing to engage in special requirements, equality, justice.
In March 1987, the unit and the trade union communication, think Wang Fuqing and breach of discipline, do not repent, and ultimately to absent for more than 15 days on the grounds, and Wang Fuqing decided to make out of their homes to mail "decision" from.
Wang Fuqing's father received a delisting decision, aware of the seriousness of the problem, can not have the slightest conceal. He wrote a letter that Wang Fuqing, in violation of labor discipline because of disease trouble, and the doctor's diagnosis that is attached to a letter sent to the factory.
However, the factory replied that maintain disenrollment decisions, then the record of Wang Fuqing back to the police station.
In 1994 his father for not accepting the rights provided for arbitration
After a few years, because Wang Fuqing refused to take medicine for medical treatment, the condition of sustainable development deterioration. Recuperate at home, he became a riot "armed madman". In order to ensure that the family and neighborhood safety and normal life without interference, October 1993, the station will send Wang Fuqing to the hospital of compulsory medical treatment. So far, he has completely become refractory schizophrenia.
As a mental illness, Wang Fuqing could no longer claim for themselves. His father, a famous professor of the Tsinghua University, who in 1994 as the son of the legal representative mentioned labor arbitration, requesting revocation of the factory of Wang Fuqing's expulsion decision, the arbitration arbitration has not accepted by more than an. Mr. Wang also do not understand the law, not to mention the lawsuit, continue to seek solutions through the form of hope, but no results.
Later, Mr. Wang's body is not as good as before, many times in the hospital will no longer continue to seek an explanation for his son.
This 20 years, Wang Fuqing managed medical costs became the biggest burden. When my father was alive, but also to meet the needs of income. In 2007 after the death of his father, mother of a person's fundamental pension income.
Seeing Wang Fuqing has over 58 years of age, retirement, pension, a series of problems such as imminent doctor. The more than 80 year old mother, from energy to the economy, has been unable to afford the life and treatment of Wang Fuqing. Wang Fuqing's brother and stand out as an agent, will have the company after the restructuring of the prosecution, for the revocation of expulsion decision for Wang Fuqing to retire procedures, payment of social insurance.
In the lawsuit
First field research decided to revoke the company from the truth
The appeal to the city court case, the company for the year from the fact that Wang Fuqing had no objection, Wang also sympathize with the situation, but the company said, because of the age, Wang Fuqing's father wrote to the specific situation in the factory and whether with the diagnosis of Wang Fuqing psychotic relapse that are now unable to verify. Therefore do not agree with the request of Wang Fuqing.
Wang Fuqing was removed when in the end there is no relapse, absenteeism or illness caused by their own behavior is loose? Make a decision from the unit is informed, there is no consideration is the two core issues of the case. This is asking a judge to detect the facts of history 30 years ago.
That a 1994 Wang preserved in the Wang Fuqing archives to find when the police issued, is to explore the history of the starting point. To prove the above record, in the dismissal of Wang Fuqing after the file to the police station, the police station will be sent to the Wang Fuqing family archives street labor department. And that particular record of a sentence, "according to the Hospital of Tsinghua University doctor for a diagnosis of schizophrenia."
The effectiveness of the Labor Dispute Tribunal presiding judge Xiao Xicheng court, he found the police understand the situation of the year. The police officer said the evidence before they had travelled in Hospital of Tsinghua University and the doctor to understand the situation, but also in the diagnosis of the doctor see 1987 to prove after write down the proof.
Proof of the police station and police officers testimony that was really king Fuqing medical diagnosis made of schizophrenia. For such an important note, Wang Fu is no reason not to send the unit in the letter of.
The court held that the workers in the course of illness, not by the statutory procedures resulting in the statutory conditions of success, the employer shall not terminate the labor relations and workers. Wang Fuqing from the school will be suffering from schizophrenia and has gradually increased, failed to cure. Although Wang Fuqing eased in the work condition, but in the work had signs of relapse, cause not to work. In this case, the only Wang Fuqing family asked the expulsion made decision, there are strict.
Secondly, that the public security organs and the police handling can confirm the diagnosis of Hospital of Tsinghua University Doctor Wang Fuqing issued in 1987 is the recurrence of schizophrenia, Wang Fuqing's father will send the certificate with the letter of appeal, in this case the factory still maintain disenrollment decisions, violation of the legitimate rights and interests of Wang Fuqing, should be corrected.
Third, although the incident has been more than the limitation of Wang Fuqing to apply for arbitration, but the company did not justify the proposed defense, the court has no objection to this.
Ultimately, the court revoked the company in 1987 to make the decision from Wang Fuqing. As for Wang Fuqing for Bingtui and require the company to pay the social insurance claims for it, because do not belong to the jurisdiction of the people's court, the court shall not handle. The court of second instance also maintained this affirmation.
Support the confirmation of labor relations continue to exist
The revocation of the delisting decision, as a fulcrum, let Wang Fuqing be completely leveraging rights program.
Then, Wang Fuqing's brother he filed a lawsuit, requesting confirmation of Wang Fuqing and company labor relations, the company paid Wang Fuqing 30 years of disease relief and did not pay the Medicare caused hospitalization expenses, custodian fees and loss of 284000 yuan.
The company believes that Wang Fuqing did not provide long-term labor as a unit, the unit did not find Wang Fuqing, both in the long run is to find conditions, labor relations between the two sides in a suspended state, and do not enjoy the rights and obligations of the burden of the labor law.
The case to the Labor Dispute Tribunal Xicheng court another judge Ning Zelan's hands. Ning the judge found that Wang Fuqing's psychiatric center hosted services without the qualification of medical insurance institutions can not enjoy Medicare reimbursement, so there is no loss caused by the non payment of social security issues, the expenditure of one hundred thousand yuan can only be borne by themselves.
Second, according to the law, labor dispute cases must be after the arbitration, and the brother of Wang Fuqing do not understand the law, but also because he had no money to hire a lawyer, so not in the arbitration claims disease relief, the court can not support in this case.
However, the arbitration committee ruled that after 30 years of Wang Fuqing and company labor relations, this court review after confirmation.
Judge Ning Zelan said the decision has been removed from the court for cancellation, workers will not produce constraints. According to Wang Fuqing these years because of illness, unable to find units for work, but also do not have the ability to work. The family unit, did not get good results in the comprehensive consideration, the two sides of the labor relationship should be a continuous state.
The two sides have labor relations, to Wang Fuqing for all these years of sick pay basis.
The judge will rather sick pay to support the case, but Wang Fuqing can still be prosecuted for the law, to the king of Fuqing's brother was fully explained.
Calculation of the decision to pay sick pay 170 thousand section
Then, brother Wang Fuqing filed a lawsuit on behalf of third, for the 30 years of sick leave pay.
The trial judge Zhang Xia said, according to the relevant regulations, the employee is sick or non work related injury, while on medical leave, the employer shall according to the labor contract and collective contract paid sick leave pay. Like Wang Fuqing in the enterprise service over 2 years and less than 4 years, 70% of his salary for sick pay. When the sick or wounded non stop working continuously during the period of medical treatment for more than 6 months, by the labor insurance fund monthly payment relief fee. Length of service for three years, I pay 60% of the cost of relief.
The implementation of the labor law on 1995, an employee who is ill or injured during the treatment, the enterprise should pay the lowest paid sick leave can not be lower than the local minimum wage standard 80%.
A judge period calculated by company judgment should pay Wang Fuqing's sick pay, a total of more than 17 yuan. The money for Wang, it is saving money.
At this point, a case, a three judge, a judgment, as a relay, a case of a link, Wang Fuqing finally solved the rights 30 years.
Reporter Sun Ying
Source: Beijing Evening News