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Employee by claim for compensation of computer company dismiss from office its 256 million dollar

September 20, 2008

Wait for reason claim for compensation with healthy damage; Court already put on record

Report from our correspondent (reporter Zhu Yan) damage because of its body giving to cause in the unit, employee Mr Zhang tells the unit to the court, requirement unit compensates for 256 million dollar (be equivalent to) of 256 million dollar. A few days ago, haidian court accepts this proposal formally. It is reported, this case is the labor dispute case of the biggest mark that since new China holds water, basic level court tries.

　　 “Day price ” claim for compensation ever was arbitrated reject by labor

Mr Zhang says, in June 2007, he goes to firm of head of one home appliance into duty, sign two years period labor contract, contract date of expiration comes on June 25, 2009.

After entering office, Mr Zhang holds the post of quality to check a person in charge, successor website edits a director. Before monthly wages standard is duty 11451 yuan. On January 18, 2008, computer company is signed with Mr Zhang remove labor contract agreement, paid salary to Mr Zhang on Feburary 4, 2008, remove the charge such as contract compensation gold more than yuan 30 thousand. But Mr Zhang thinks, if the company thinks its assessment is unqualified, ought to move hillock, should not dismiss. And its are in firm activity be harmed because of eating the poisonous food that the company delivers.

Subsequently, mr Zhang arbitrates to town labor dispute committee appeal, requirement company reissues to came on January 18, 2008 on March 18 salary, reissue salary of embezzle part of what should be issued of the overtime during its work, bonus, company reachs 5 times compensation more than yuan 3.2 million, requirement company pays contest course of study 2 years to restrict filling indemnity more than yuan 270 thousand. Ask computer company pays destroy its health damage 256 million dollar.

Arbitral appoint the full request that rejects Mr Zhang. Mr Zhang refuses to obey, to forensic to lodge a complaint.

　　 “Day price ” lawsuit needs to hand in 10 yuan of cases to accept fee only

In the petition that submits to the court, mr Zhang will raise 256 million dollar about healthy damage in litigant request. As we have learned, in labor dispute case, party needs to pay 10 yuan of legal cost only. If be average civil case, the legal cost of Mr Zhang also will be day price.

Yesterday, the reporter contacts Mr Zhang, to day price claim for compensation, mr Zhang thinks rational has according to, but introduce in detail after the open a court session such as need. “I want so much, because I feel,be mine pay value so much ” .

　　 - expert viewpoint

Claim for compensation must have legal basis

Social security of Beijing bar association and Wang Jianping of chairman of committee of labor law major say, the view of Mr Zhang must rely on the evidence that he provides, as to gold of day price claim for compensation, “He can be carried, if do not have legal basis court to won’t support, 256 million dollar is a number only, if do not have legal basis and evidence, even if raise claim for compensation 1 minute only,also cannot get support ” .

Wang Jianping says, mr Zhang says to get hurt in firm activity, if maintain,be inductrial injury, belong to labor dispute category, otherwise will can try by general civil case only.

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Written by ITTech · Filed Under IT Magazine