The monthly salary of 24,000 engineers refused to transfer and was fired by the New Oriental. The employee required to compensate nearly 450,000, and the court sentenced: 380,000

Author:Daily Economic News Time:2022.07.12

On July 12, the Beijing Court Judgment Information Network disclosed Beijing New Oriental Xuncheng Network Technology Co., Ltd. and Gemou's second instance civil judgment. The court is the first intermediate people's court in Beijing.

According to the referee documents disclosed by the Beijing Court Judgment Information Network, Ge Mou joined the New Oriental Xuncheng Company on November 7, 2013. On November 20, 2020, New Oriental Corporation signed a non -fixed term labor contract with Ge, and the agreed post was agreed to be as a post. The user's product technology department senior development engineer, with a monthly salary of 24,500 yuan.

According to the judgment, on March 16, 2021, New Oriental Xuncheng Company was adjusted by Ge to obey the company's job adjustment arrangements due to production and operation. sex. Therefore, the court prosecuted the court of first instance requested New Oriental to pay a dual salary of 49,000 yuan to settle the contract of 446,300 yuan at the end of the year.

The court trial of the first instance believed that Ge's submission of evidence was not enough to prove the proposition of dual salary at the end of the year. New Oriental Xuncheng Company did not proof of changes in production and operation, and Ge was adjusted from "senior development engineer" to "technical support engineer". It has an impact on its career development. New Oriental Corporation lacks corresponding rationality to Ge's post -adjustment, and Ge has the right to refuse.

In the end, the court of first instance ruled that New Oriental Xuncheng Company paid Ge's illegal termination of the labor contract compensation of 382,500 yuan.

However, New Oriental Xuncheng Corporation's appeal request to make a judge does not need to pay compensation. The court of second instance believes that the court of first instance determines that the post -posting behavior of New Oriental Xuncheng Company lacks reasonableness and determines correctly. The company's appeal claims that the lack of facts and legal basis. Based on this, on July 5, 2022, the court of the Second instance made a judgment: the appeal was rejected and the original sentence was maintained.