Can Employees Part Time Units Remove Labor Contracts?

Yan Mou worked in the Logistics Department of a company, signed a full-time labor contract for 3 years, worked 6 hours a day, and paid 2800 yuan a day. In order to earn more money to subsidize the family, Yan also asked for a part-time job. I learned that there was a porter's night shift work in the community kindergarten, which is commonly known as "sleeping class". After half a year's work, the company learned about Yan's part-time job. He thought that Yan's evening duty would affect his rest and distract his work force, so he issued a written notice ordering him to quit his part-time job in a week, otherwise he would terminate the labor contract according to law. Yan Mou thinks he is working part time in normal rest time, and is a "sleeping class", which has no effect on the normal work of the company during the day. Unexpectedly, a week later, the company really lifted the labor contract with Yan.

Yan Mou disagrees with the company's decision to dismiss and applies for labor arbitration. After finding out the facts, the labor arbitration institution rejected Yan's appeal in accordance with the law.

To analyze and analyze part-time employment means that there is labor relationship between laborers and employers. After completing their duties, they should establish similar labor relations with other units in their spare time. "Labor contract law" thirty-ninth, second, fourth stipulates: "laborers at the same time with other employers to establish labor relations, the completion of the work of the unit's task, or by the employer pointed out that refuse to correct", the employer can at any time to terminate the labor contract. The sixty-ninth paragraph and the second paragraph of the law stipulate: "workers engaged in part-time employment can conclude labor with one or more employers. contract However, the labor contract concluded afterwards shall not affect the performance of the labor contract concluded before. "

As can be seen from the above provisions, Part-time job It is mainly applicable to part-time workers, while part-time workers are strictly restricted. It is generally believed that part-time workers must meet the following requirements: first, the relevant laws and regulations are not expressly prohibited. For example, the national civil servant law prohibits civil servants from taking part time jobs. The company law prohibits senior executives of directors and managers of companies and enterprises from being the same type of enterprises. post The two is that the employer has not explicitly stipulated in the labor contract or rules and regulations that the workers should not be allowed to work part-time; three, the part-time job has not violated the interests of the original employer, and has not affected the completion of the work. Four, the unit has not been ordered to stop working part-time after knowing it. In other words, if the law or the employing unit explicitly prohibits part time jobs, once the employee has a part-time job, the employer can rescind the labor contract. Although the unit does not explicitly stipulate that no part-time job can be made, the part-time work of the worker affects his job and can terminate the labor contract. If the part-time behavior of the worker does not affect his job, the unit may have ordered him to stop his part-time job after knowing it, and if the worker refuses to correct his own way, the unit may also terminate the labor contract.

In this case, Yan did not take part in a part-time job without permission from the company. Although the sleeping class may not affect the normal work of the company during the day, the problem is that after the company made a request for correction to the deadline, Yan did not change it. Therefore, the company is ordering the termination of its labor contract after the expiration of the term. It is lawful for the labor arbitration agency to reject Yan's appeal.