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郭某与某出租汽车公司签订了3年的劳动合同。合同中对员工的工资、保险、医疗及每月向公司缴纳的运营费等都做了规定。郭某工作认真,连续两年被评为公司的先进。眼看郭某的劳动合同只差两个月就要到期了,突然他那位住在哈尔滨的老母亲得了重病,急需他前去照顾。郭某就请原来的一位同事,开着他的出租车,替他每天上路拉客,并按时向公司缴纳了车份儿。直到劳动合同期满时,此事才被公司领导发现。公司领导认为,郭某未经公司允许,擅自让他人顶替运营,违反了劳动合同,应向公司承担违约责任。但是,郭某认为:自己为了避免让公司和自己的经济利益都受到损失,才私自找人顶替了自己。事实证明,公司的车份儿没受到任何影响,因此,自己不存在违约行为。
Kwak and a taxi company signed a three-year labor contract. The contract stipulates the staff’s salary, insurance, medical treatment and the monthly operating fee paid to the company. Kwak work seriously, for two consecutive years was named the company’s advanced. Watching Kwak’s labor contract expired in just two months, and suddenly his old mother in Harbin was seriously ill, in urgent need of him to take care of. Kwak invited a colleague from the original, driving his taxi, pulling him off every day, and paid the car to the company on time. Until the expiration of the labor contract, the matter was discovered by the company leadership. Company leaders believe that Kwak without the permission of the company, unauthorized substitution of others for operations, in violation of the labor contract, the company should bear the liability for breach of contract. However, Kwak said: In order to avoid letting the company and their own economic interests are subject to loss, only to find someone to replace themselves. Facts have proved that the company car did not suffer any impact, therefore, there is no default.