Yuan is a R&D engineer in IBM Shanghai Branch. In 2006, he signed a five-year labor contract with IBM (China).
However, the tremendous pressure of work overwhelmed Yuan. In June 2007, Yuan was diagnosed with depression. Because he felt that he could not bear the huge work pressure, he submitted an application for resignation on June 19, 2007, and was transferred to sick leave after the company's relevant personnel actively proposed.
However, when Yuan's condition improved, he twice took the medical appraisal of "recommendation while working while treating" by the Shanghai Mental Health Center and asked the company to resume work, but was rejected by the company.
On January 11, 2008, the company notified him to go through the procedures for terminating the labor contract.
On January 24, Yuan sent a letter of complaint to the company’s president’s mailbox, appealing to the company’s unilateral termination of the labor contract.
On February 20, the person in charge of human resources at IBM (China) informed Yuan that the company's decision has been filed and cannot be changed.
On February 27, the IBM Shanghai branch issued a notice of dissolution of the labor contract to Yuan, and terminated the labor contract with Yuan on the grounds that Yuan had violated the company's discipline on many occasions, which seriously affected the company's normal working order and was not changed after repeated instruction.
Yuan believes that the notice of termination of the labor contract with the Shanghai branch of IBM China is to implement its discriminatory policy of "not hiring employees with depression". So the company sued the labor dispute arbitration department. The claimant put forward requirements for continuing to perform the labor contract, compensation for wages, and compensation for mental damage.
On June 18, 2008, the Shanghai Pudong New Area Labor Dispute Arbitration Commission made a ruling: IBM (China) and the depression employee Yuan continue to perform the labor contract, and compensate him with a total of 57,332 yuan in wages and bonuses for 4 months.
The focus of the dispute in this case is whether Yuan had suffered from depression and was dismissed, which constituted employment discrimination, and it involved multinational companies, so it attracted attention. But what is certain is that although IBM is a multinational company, its domestic branches and employees must still abide by Chinese laws and regulations when they terminate their labor contracts.
Employees suffering from depression, despite their physical illnesses are sympathetic, but if there is a serious violation of the company’s rules and regulations, or if there is a serious situation in which the company can terminate the labor contract with the company, the company can still terminate the labor contract in accordance with the law. But judging from this case, the company failed to provide evidence of Yuan's serious violation of discipline. As for Yuan Mou, in a labor dispute case, the request for mental damage compensation also lacked legal support. Because under the current legal framework, it is difficult to find a legal basis for requesting spiritual compensation in labor dispute cases.
Article 3 of the Labor Law stipulates:
Article 3 [Basic Principles] The conclusion of a labor contract shall follow the principles of legality, fairness, equality and voluntariness, consensus through consultation, and honesty and credibility.
This case has become the "first anti-depression discrimination case", which shows us that many companies still have employment discrimination. The Yuan case is just a microcosm of all kinds of employment discrimination.
The emergence of this phenomenon not only increases the inequality in the employment process, but also reflects the irrationality of the allocation of human resources, which is bound to cause social instability. Therefore, as an enterprise, we must respond reasonably and deal with it in accordance with the law, so as not to harm others and harm ourselves!
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