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Japanese-owned Enterprise Illegally Dismisses Trade Union President
It has roused a heated debate in society that Secom (China) Co., Ltd., a Japanese solely owned company, unilaterally dismissed Li Dongya, President of Secom's trade union.
The Secom (China) Co. Ltd., mainly engaged in electronic-security business, had its trade union established in 1995 and Li Dongya was elected president. During the trade union election on April 13, 1998 he was reelected the president and got the approval of the trade union at the higher level with his terms of office from January 1, 2000 to December 31,2000. However, to his surprise, he received, from the Secom on November 23, 2000, a written notice, saying that the labor contract between the company and him will be terminated on December 31,2000. Owing to the present circumstances of the company the contract can no longer be continued, etc..
According to China's law, this is an illegal action, said Zhan Ruoying, vice president of the Trade Union of Zhongguancun Science Park, Beijing Haidian District. As prescribed in Article 15 of Chapter 1 of the Trade Union Law of the People's Republic of China the President and Vice President of a trade union shall not be transferred from their posts unless with the permission of the trade union and approved by that at the higher level. And no company shall have the right to dismiss them during their terms of office, according to Article 23 in the Practical Measures of this Law of Beijing Municipality. The Measures also provide that the labor contracts of these Presidents and Vice Presidents should be postponed to the expiration of their post terms even if their labor contracts are terminated.
While Secom's counselor-at-law has pleaded that the Secom's decision is not illegal to China's Laws, Rules, and Beijing's labor policies concerned. Secom just discontinued the labor contract but not dismissed Li Dongya and not transferred his post. And there is no special prescription on this in China's Laws and Rules nor is there any such thing found in Beijing's labor policies.
On this account, the authorities pointed out that the Secom's pleading was untenable, for the case involved has not only things to do with the legal relation of labor but also that of the trade union. The Secom has no right to terminate Li Dongya's labor contract for he is not just a common employee but the president of the trade union. And terminating Li's labor contract was tantamount to removing him from his president post because the employee status of a company is the precondition of being the president of a labor union. In addition, "not permitted to release labor relation" means definitely "not permitted to terminate labor contract". Otherwise, whence comes the labor relationship if the labor contract is terminated?
By PD Online staff member Huang Ying
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