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上海某合资企业决定进行年度裁员,不料,被裁的部分员工在此之前却收到了部 门经理下发的续签劳动合同征询表,很多员 工已经同意续签。最后,该公司只好增加这 些员工的经济补偿金或加发工资。事后,公 司认为是人事经理王某违反工作程序,直接 将表格发给不知情的部门经理们所致,要将其辞退。王某认为,人事经理的工作流程,公司并没有明确的规章,自己没有失职。公司则认为,虽然没有制订明确的规章,但事实上已经存在规范性的程序,并提交了这两年来公司内部往来的电子邮件作为证据。
A joint venture in Shanghai decided to lay off its employees on an annual basis. Unexpectedly, some of the employees who were laid before this time received a renewal of labor contract solicitation form issued by the departmental manager. Many employees have already agreed to renew their contracts. Finally, the company had to increase the financial compensation or payroll for these employees. Afterwards, the company believes that personnel manager Wang violated the work process, the form is sent directly to the unidentified department managers, to be dismissed. Wang believes that the personnel manager of the work process, the company does not have a clear rules, he did not dereliction of duty. The company believes that although no clear rules have been put in place, there is in fact a normative process of submitting e-mails from within the company for the past two years as evidence.