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in 2020, ms. li was selected to teach at a middle school in xide county, sichuan province, with an annual salary of 200,000 yuan. last year, she was on maternity leave and was still breastfeeding, but was dismissed by the school...

on september 23, a red star news reporter learned from an interview that recently, the people's court of xide county, sichuan province, made a civil judgment that the school's unilateral termination of its labor contract with ms. li was confirmed to be illegal, and the school was required to pay ms. li more than 130,000 yuan in economic compensation.

▲photo from the data. according to icphoto

back in july 2020, xide county publicly recruited the principal, vice principal, and subject leading teacher of a middle school. the announcement stated, "subject teachers will serve for three years, with an annual salary of 200,000 yuan, and will enjoy the same 'five insurances and one fund' as local teachers. excellent comprehensive assessment will be allocated to the staffing system; during the employment period, the employing unit will provide teachers with turnover housing; after the recruitment, the candidates can be arranged according to the level of their original professional and technical positions..."

on september 1, 2020, ms. li was selected and hired as a subject leader at the middle school. her salary was an annual salary of 200,000 yuan per year, or 16,666.67 yuan per month. however, she did not sign a written employment contract when she joined the school, and only obtained a salary card. on december 7 of the same year, the school paid ms. li her first salary. on july 6, 2023, after giving birth, ms. li took maternity leave from september 1, 2023 to february 2024.

on february 24, 2024, the school notified ms. li of the termination by phone, and her salary will be paid until february 2024. from september 2020 to february 2024, the school did not organize an assessment of the selected personnel. on march 11, ms. li applied for arbitration to the xide county labor and personnel dispute arbitration committee, requesting a ruling to determine the labor relationship between the school and her, and to order the school to pay ms. li 133,333 yuan in economic compensation for illegal dismissal. on april 18, the xide county labor and personnel dispute arbitration committee issued a ruling, rejecting her arbitration request.

on may 7, ms. li filed a lawsuit with the xide county people's court. the court held that a written labor contract should be signed to establish a labor relationship. although the two parties did not sign a written labor contract, according to article 7 of the labor contract law of the people's republic of china, "the employer shall establish a labor relationship with the employee from the date of employment. the employer shall establish a list of employees for reference.", a labor relationship has been established between the two parties.

ms. li joined the middle school on september 1, 2020, but the middle school unilaterally terminated the labor relationship with ms. li on february 24, 2024 and had not yet concluded a written labor contract with ms. li. according to article 14, paragraph 3 of the labor contract law of the people's republic of china, "if an employer fails to conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed that the employer and the employee have concluded an open-ended labor contract", the labor relationship between the two parties should be deemed to have concluded an open-ended labor contract.

at the same time, the middle school failed to provide evidence to prove that it had legal grounds to unilaterally terminate the labor contract. moreover, ms. li was still breastfeeding, and its termination procedure (notifying the plaintiff by phone) did not comply with legal procedures. in summary, the middle school's unilateral termination of the labor contract between it and ms. li was illegal, so ms. li requested that the school's termination of the labor relationship be confirmed as illegal, and the court confirmed it.

the school illegally terminated the labor contract with ms. li. according to article 87 of the labor contract law of the people's republic of china, the school should pay economic compensation to the plaintiff. ms. li worked at the school for a total of 3 years and 6 months from the time she joined the school until she was dismissed. the economic compensation should be calculated based on 4 years. ms. li's monthly salary is 16,666.67 yuan. therefore, the court supported ms. li's request for the school to pay 133,333 yuan in economic compensation.

ultimately, the court ruled that the unilateral termination of the labor contract between a middle school in xide county and ms. li was illegal; the school paid ms. li 133,333 yuan in economic compensation; the school issued a certificate of termination of the labor contract to ms. li and handled the transfer procedures for ms. li's files and social insurance; and rejected ms. li's other claims.

red star news reporter jiang long

editor he xianfeng responsible editor deng feiguang