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用人单位发录用通知后,无故取消录用导致劳动者从原单位离职后失业的,应当承担赔偿责任!最高法发布典型案例
Mei Ri Jing Ji Xin Wen· 2025-12-16 04:30
每经编辑|陈柯名 今天,最高人民法院发布人民法院大力弘扬社会主义核心价值观典型民事案例,涉及家风文明、职场文明、婚恋文明、出行文明等方面。 案例一:梁某宸诉蒋某婚姻家庭纠纷案 父母为规避支付抚养费而放弃继承的,被抚养人有权请求确认放弃继承无效。 案例二:张某诉某科技公司缔约过失责任纠纷案 用人单位发录用通知后无故取消录用导致劳动者从原单位离职后失业的,应当承担赔偿责任。 案例三:吴某诉广东某食品公司劳动争议案 劳动者有职场性骚扰行为的,用人单位可依法解除劳动关系。 案例四:肖某诉周某不当得利纠纷案 隐瞒已婚事实从恋人处获得大额转款的,应依法返还。 案件五:郭某诉某餐饮公司、某商业管理公司健康权纠纷案 低头看手机踩空摔伤的,无过错的公共场所经营者、管理者不担责。 图片来源:视觉中国 案例一 父母为规避支付抚养费而放弃继承的,被抚养人有权请求确认放弃继承无效——梁某宸诉蒋某婚姻家庭纠纷案 基本案情 蒋某为梁某宸父亲。2017年,蒋某与梁某宸母亲通过诉讼离婚,法院判决其从2016年12月起每月支付抚养费1500元至梁某宸年满十八周岁止。蒋某未履行 支付抚养费义务,经两次强制执行,均因无财产可供执行而终结本次执行程序 ...
发出聘用函后又以“背调”结果不合标准取消录用 劳动者该怎么办?
Ren Min Wang· 2025-09-05 01:02
Core Viewpoint - A software development company in Shanghai was held liable for breaching the principle of good faith after rescinding a job offer to an applicant due to a background check result, leading to the applicant incurring significant losses [1][3][5]. Group 1: Case Background - The company issued a job offer to Mr. Zhang for a quantitative developer position on April 1, 2024, specifying the intended start date and salary [1]. - Mr. Zhang confirmed his acceptance and began preparations for the new job, including resigning from his previous position and relocating [1][2]. - On April 26, the company informed Mr. Zhang that his background check result was a "yellow light," which did not meet their hiring standards, leading to the cancellation of the job offer [1][2]. Group 2: Legal Proceedings - Mr. Zhang contested the background check result, arguing that the lawsuit record was from a civil rights protection case where he was the plaintiff, and thus should not be a valid reason for employment discrimination [2]. - The background check company later revised its assessment, suggesting that the civil lawsuit was of a lesser degree and recommended changing the result to a "blue light" [2]. - Despite this, the software company maintained its decision to rescind the offer, prompting Mr. Zhang to file a lawsuit for damages [2][3]. Group 3: Court Ruling - The court ruled that the company acted in bad faith by issuing a job offer and then rescinding it without just cause, which caused Mr. Zhang to incur various expenses [3][5]. - The court ordered the company to compensate Mr. Zhang a total of 13,200 yuan for his relocation costs, lost wages, and other related expenses [3][4]. Group 4: Implications for Employment Practices - The case highlights the importance of adhering to the principle of good faith in labor relations, emphasizing that a civil lawsuit record alone is not a legitimate reason to deny employment [5][6]. - Employers are advised to base hiring decisions on relevant job qualifications rather than on an applicant's legal history, as this could lead to legal repercussions [5][6].
科兴制药拟转让同安医药100%股权;联环药业因垄断协议被罚没超6100万元 | 医药早参
Mei Ri Jing Ji Xin Wen· 2025-06-10 23:59
Group 1 - Kexing Pharmaceutical plans to transfer 100% equity of its wholly-owned subsidiary Shenzhen Tong'an Pharmaceutical Co., Ltd. for 15 million yuan, as the subsidiary has not conducted business in recent years and holds 20 drug approval numbers [1] - The sale aligns with Kexing's strategy to focus on the biopharmaceutical sector, enhancing core competitiveness and reducing operational risks, which is expected to increase profit and cash flow in 2025 [1] Group 2 - Renfu Pharmaceutical announced the resignation of three executives, including the president and vice president, due to personal reasons, which may raise concerns about management stability and strategic execution in the short term [2] - The new president, Du Wentao, is an internal candidate with extensive experience, which may facilitate a smooth transition [2] Group 3 - Lianhuan Pharmaceutical was fined approximately 61.04 million yuan for violating antitrust laws by engaging in a price-fixing agreement with competitors regarding a raw material [3] - The penalty includes the confiscation of illegal gains and a fine, which may impact the company's operational stability and profitability, potentially leading to short-term stock price pressure [3] Group 4 - ST Jingfeng is involved in a significant lawsuit concerning a contractual liability dispute with an amount of 76.98 million yuan at stake, with the court having accepted the case [4] - The lawsuit's outcome remains uncertain, which may affect investor confidence and lead to stock price volatility [4] Group 5 - Zhongsheng Pharmaceutical reported abnormal stock trading fluctuations, with a cumulative price deviation exceeding 20% over two trading days [5][6] - The company is conducting Phase III clinical trials for its product RAY1225, but the progress remains uncertain, raising concerns about the sustainability of the high stock price [6]
*ST景峰: 关于公司重大诉讼的公告
Zheng Quan Zhi Xing· 2025-06-10 11:49
Core Viewpoint - Hunan Jingfeng Pharmaceutical Co., Ltd. is involved in a lawsuit regarding a contractual dispute related to an investment agreement, which may impact its financial performance in the future [1][5]. Group 1: Lawsuit Details - The lawsuit was initiated by Hunan Jingfeng Pharmaceutical against defendants Anquan, Xiao Kun, and Azhua Hui concerning a breach of contract related to an investment agreement [1][2]. - The investment agreement involved an investment of 261 million yuan into Yunnan Jichang Geng Pharmaceutical Co., Ltd., with a valuation of 154.21 million yuan based on an estimated net profit multiple [2][3]. - The defendants failed to fulfill their capital contribution obligations, and the company claims to have suffered losses due to the defendants' misrepresentation of financial performance [3][4]. Group 2: Financial Implications - The company estimates a loss of at least 76.98 million yuan due to the alleged misrepresentation and breach of contract by the defendants [4][5]. - The impact of the lawsuit on the company's current and future profits remains uncertain as the case has not yet been heard in court [5].