Basic facts
July 2005, the defendant entered the plaintiff Peng ZTE (Hangzhou) Co., Ltd. (hereinafter referred to as ZTE) work, the labor contract Peng work in sales, basic salary 3840 yuan per month. The company's "employee performance management approach": staff for six months, the annual performance appraisal are S, A, C1, C2 four levels, representing excellent, good, does not match the values of the performance to be improved; S, A, C (C1 the proportion of C2) level were 20%, 70%, 10%; incompetent assessment of the working principle C2. Peng original in its distribution division in sales, after January 2009 due to the dissolution of the distribution department and other reasons, reorientation to the East China region in sales. The second half of 2008, the second half of the first half of 2009 and 2010, Peng examination results are C2. ZTE believes that Peng can not do the job, after reorientation, still can not do the job, so the payment of compensation under the part of the economic situation lifted the labor contract.
July 27, 2011, Peng mention labor arbitration. In the same year on October 8, the arbitration committee ruled: ZTE Peng illegal termination pay compensation of 36,596.28 yuan balance of the labor contract. ZTE believes illegal behavior of their labor contracts do not exist, so in the same year on November 1 taken to court, requesting an order to terminate the labor contract will not pay compensation balances.
Referee Results
Binjiang District, Hangzhou, Zhejiang Province People's Court (2011) Hang Bin Minchuzi No. 885 civil judgments on December 6, 2011: the date the plaintiff ZTE (Hangzhou) Co., Ltd. effective date of this decision within fifteen days time payment Peng accused of illegal termination of labor contracts damages the balance of 36,596.28 yuan. After the verdict, neither side appeals the judgment has become legally effective.
