New Oriental's monthly salary of 24,000 engineers refused to transfer and was fired!Employees required to compensate 490,000, the court sentenced: 380,000

On July 12, the Beijing Court Judgment Information Network disclosed Beijing New Oriental Cyber ​​Network Technology Co., Ltd. (hereinafter referred to as "New Oriental Xuncheng Company") and Gemou's second instance civil judgment.

The judgment showed that New Oriental Corporation was sued to the court for dismissal and dismissed by the transfer of employees. The second trial of the Beijing First Intermediate People's Court ruled that it had more than 380,000 yuan in compensation employees.

Qixinbao showed that New Oriental Corporation is a subsidiary of New Oriental Group. New Oriental Education Technology Group Co., Ltd. holds 79%of the shareholding in New Oriental Xuncheng Company, and the company's chairman is Yu Minhong.

Employees refused to adjust posts and were fired

According to the judgment, Ge enrolled in New Oriental Xuncheng Company on November 7, 2013. On November 20, 2020, New Oriental Xuncheng Company (Party A) and Ge (Party B) signed the term from December 1, 2020 The non -fixed -term labor contract is agreed to hire Party B to work in the post of senior development engineers of the user product technology department of the Technology Center. Party A has the right to adjust the job of Party B reasonably according to the needs of production and operation, and adjust the salary of Party B according to the basic principles of "paying for pay and salary".

Ge Mou left from New Oriental Xuncheng Company in April 8, 2021.

On March 16, 2021, New Oriental Xuncheng Company sent a notice of adjustment notice to Ge, and adjusted its job to the product center strategy and user analysis department/technical support group department. The work location and working hours remain unchanged, the work content is similar, the work hours are, early class: 8: 30-17: 30; middle class: 9: 00-18: 00; evening shift: 30-21: 30: 30 Essence

Gemou replied on the same day: "The company unilaterally requires Ge Mou from a senior development engineer to downgrade the post and adjust the post as a technical support position. The working time is changed from a fixed time to the ranking system. I do not agree to adjust the position."

New Oriental Xuncheng Company has since explained that the adjustment of this post is in line with relevant laws and regulations. It belongs to the company's independent management authority and reminds Ge to report to a new post and start work. Since then, the two sides have been communicating through mail many times.

On April 7, 2021, New Oriental Corporation issued a notice of termination of labor contracts. New Oriental Xuncheng Corporation said that Ge did not obey the company's job adjustment arrangements due to production and operation, and did not report to new positions. After repeated explanations, informs, and urging by the company, he still refused to report to new posts. The company decided to lift the labor contract with Ge on April 7, 2021.

New Oriental founder Yu Minhong. Image source: Visual China-VCG111221239345

Court judgment: New Oriental compensation 380,000

Ge advocated that New Oriental Xuncheng Company's illegal termination of the labor contract, requiring New Oriental Xuncheng Company to pay illegal termination of labor contract compensation, a total of about 495,000 yuan.

The reason for the disagreement of posting, Ge advocated the following: "The company's original development department's development post requires employees, and it can be fully applied. Impact; after the post -adjustment, it cannot use the original technical ability, nor can it have room for promotion, which has a serious impact on its career development. "

The court of first instance believes that New Oriental Xuncheng Company lacks corresponding rationality to Ge's post -adjustment, and Ge has the right to refuse. New Oriental Xuncheng Company obeyed the company to adjust his job or position in accordance with the law, and did not report to new positions. After reminding or criticizing education by the company's verbal and written methods, he still refused to correct it. It belongs to illegal lifting. As a employer with a responsible management responsibility, New Oriental Corporation did not verify Ge's salary standards. subsidy.). According to Ge's salary standards and working years, New Oriental Xuncheng Company should pay Ge Mou's illegal termination of the labor contract compensation of 38,2500 yuan.

The second instance believes that although the two parties have agreed that New Oriental Xuncheng Company can adjust Ge's work, work content, and work place according to the reasons such as production and operation, it should also comply with the provisions of the labor contract law to adjust the job of employees. New Oriental Xuncheng Company should prove that its production and operation conditions have changed, and their post -adjustment is a reasonable category.

In this case, on the one hand, New Oriental Xuncheng Company did not submit sufficient evidence to prove that its production and operation changed, and it was transferred to Ge Mou due to the necessary operation. On the other hand, the labor contract between the two parties clearly stipulates Ge's job as a Java development engineer. Although the post -adjustment behavior of New Oriental Xuncheng Company has not affected Ge's salary, the new position is a technical support engineer. According to the post, according to the post, the post. Adjusting the content of the notice, the work content of the new position does not involve system development, obviously has a certain impact on Ge's career development. After the adjustment, Ge's working hours were changed from 9 am to 6 pm, and changed to three shifts in the morning, middle, and evening.

Therefore, the court in the second instance believes that the court of first instance determines that the post -adjustment behavior of New Oriental Corporation lacks rationality and is determined correctly.New Oriental Xuncheng Company did not negotiate with Ge, because of his own reasons, he was transferred to Ge, and Ge had the right to refuse.New Oriental Xuncheng Company was illegally lifted on the grounds of Ge's refusal to transfer, not reporting, and reminding criticism and education.The court of the second instance judged that the appeal request of New Oriental Corporation could not be established and maintained the original judgment.

Edit | He Xiaotao Gai Yuanyuan

School Division | Cheng Peng