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案例:刘某于2009年9月与某公司签订了为期2年的劳动合同,2010年10月该公司提前与刘某解除劳动合同。理由为,刘某未按照公司的管理制度与考勤规则履行正当的请假手续,仅经副总经理批准即回家倒休。依据公司管理制度,副总经理并无人事权,无权批准员工倒休。故该公司认定刘某行为属于无故旷工,以此为由与其解除劳动合同。案件审理过程中,刘某辩称该公司从未向员工公示该管理制度,其他员工的休假实际上也一直是由副总经理批准,同时提交了该副总经理多次批准员工辞职与交接的信函,要求撤销公司的解除劳动合同决定。
Case: Liu signed a two-year labor contract with a certain company in September, 2009. In October 2010, the company terminated the labor contract with Liu in advance. The reason is that Liu did not follow the company’s management system and attendance rules to perform proper leave procedures, approved by the Vice President only go home and rest. According to the company management system, the deputy general manager does not have the personnel rights and does not have the power to approve the employee’s retirement. Therefore, the company found Liu behavior is absenteeism for no reason, with the termination of this labor contract. During the trial of the case, Liu argues that the company has never disclosed the management system to its employees. Other employees’ leave has in fact been approved by the deputy general manager. At the same time, the deputy general manager has submitted the employee’s resignation and handover Letter requesting the revocation of the company’s decision to terminate the employment contract.