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劳动人事争议
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江苏发布劳动八大案供参照,涉竞业限制、试用期、育儿假、医疗自主权
Yang Zi Wan Bao Wang· 2025-05-13 14:18
Core Viewpoint - The Jiangsu Provincial High People's Court and the Provincial Department of Human Resources and Social Security have jointly released typical cases for handling labor disputes in 2024, focusing on various issues such as non-compete agreements, probation periods, parental leave, medical autonomy, labor subcontracting, resume fraud, injuries to older workers, and collective wage arrears [1] Group 1: Non-Compete Agreements - Non-compete agreements have boundaries, and the right to choose employment is protected. A case involving an employee who was required to pay a penalty for violating a non-compete clause was dismissed as the employee did not have access to trade secrets [2][3] Group 2: Probation Periods - The probation period is not a "vacuum of rights," and workers' rights are protected by law. A case where an employer terminated an employee during the probation period without valid reasons resulted in the employer being ordered to pay compensation for unlawful termination [4][5] Group 3: Parental Leave - The rights of workers to parental leave are emphasized, promoting a humane work environment. A case where an employee was wrongfully terminated for taking parental leave was ruled in favor of the employee, highlighting the legal support for parental leave rights [6][8] Group 4: Medical Autonomy - Employers must respect employees' medical autonomy. A case where an employee was dismissed for not providing a specific type of medical leave certificate was ruled unlawful, as the employer's requirements were deemed excessive [9][10] Group 5: Labor Subcontracting - The distinction between labor subcontracting agreements and actual labor relationships is clarified. A case confirmed that a worker injured while performing tasks under a subcontracting agreement was recognized as having a labor relationship with the company [11][12] Group 6: Resume Fraud - Employees must maintain integrity in job applications. A case involving an employee who falsified their resume led to the court ruling the employment contract invalid, requiring the employee to return part of their salary [13][14] Group 7: Rights of Older Workers - The rights of older workers are protected, and companies must ensure compliance with labor laws regarding their employment. A case confirmed that an older worker injured on the job is entitled to workers' compensation benefits [15][16] Group 8: Collective Wage Arrears - A collaborative approach to resolving collective wage disputes has proven effective. A case where a company owed wages to workers was resolved through a coordinated effort involving the court and local labor dispute resolution centers, resulting in the workers receiving their owed wages [17][19]
川渝两地四部门联合发布劳动人事争议典型案例
Zhong Guo Xin Wen Wang· 2025-04-28 11:51
Core Viewpoint - The joint release of typical labor dispute cases by Sichuan and Chongqing aims to strengthen legal guidance, unify adjudication standards, and protect the legitimate rights of workers while supporting employers in lawful employment practices [3][4]. Group 1: Event Overview - The press conference was held on April 28, 2023, by four departments from Sichuan and Chongqing, marking the second consecutive year of such joint releases [1][3]. - A total of 16 typical cases were published, focusing on new employment forms and labor disputes [3]. Group 2: Case Statistics - In 2024, over 240,000 labor dispute cases were accepted by mediation organizations and arbitration institutions in the two regions [3]. - Chongqing received approximately 66,700 cases, showing a slight decrease from the previous year, with a mediation success rate of 78% [3]. - Sichuan accepted about 173,800 cases, with a mediation success rate of 67.2% [3]. Group 3: Legal and Social Implications - The cases include disputes related to new employment forms, such as the relationship between streamers and companies, and delivery riders with platforms, reflecting the strict application of labor relationship examination principles [3]. - The initiative aims to promote the healthy development of the platform and sharing economy within a legal framework [3][4]. - The release serves as a practical response to social concerns and aims to enhance the quality and efficiency of labor relations in the region [4].