It is illegal to recruit employees who have not terminated their labor contracts.

It is illegal to recruit employees who have not terminated their labor contracts.

Case:

1April, 1996, a cement factory in a city filed a lawsuit with the local people's court; 1In August 1992, the cement plant signed an eight-year labor contract with Li. 1995 1 The cement plant plans to introduce new production equipment and send Li and others abroad for training. On the basis of mutual agreement with Li, the two parties revised the original labor contract. The validity period of the revised contract is 15 years. If Li terminates the labor contract in advance without justifiable reasons, he shall compensate the cement plant for all the training expenses abroad and all other losses caused thereby. After signing the contract, Li and others went abroad for training on February 1995. 1August, 1995, Li and others returned to the factory after completing training. Because Li studied hard in training, he was open-minded and eager to learn, and he mastered the operation skills of new equipment and new technology in an all-round way. After returning to the factory, he was appointed as the deputy director in charge of the production of the whole factory. With the efforts of foreign technicians and Li et al., the new equipment was installed and debugged in September 1995, and began to enter the trial production stage. At the critical stage of trial production, Li Yu 10 left a resignation report on his desk on June 6, and stopped working in the factory the next day. After many searches in the factory, it was not until the beginning of February that Li was appointed as the deputy general manager of a foreign-funded enterprise. The factory contacted Li many times and asked him to return to work. Li refused to go back to the factory. In desperation, the factory asked Li and his foreign companies to pay 80 thousand yuan for Li's training abroad and 800 thousand yuan for the loss caused by Li's departure. Li and his foreign company only promised to pay 80 thousand yuan for training. The two sides failed to negotiate many times, and the cement factory submitted it to the local labor dispute arbitration Committee for arbitration in February 1996. The arbitration commission ruled that Li and his foreign company paid 80,000 yuan for training and 200,000 yuan for damages to the cement plant, and both parties terminated the labor contract. The cement plant refused to accept the arbitration award and brought a lawsuit to the people's court. Our court found through trial that the labor contract signed by Li and the cement plant was valid; The cement factory paid 80,000 yuan for Li's training abroad. After Li suddenly left his job, the newly introduced equipment in the cement plant stopped working for two and a half months, with a loss of 760,000 yuan. Li's foreign company still hired Li knowing that Li had not officially terminated the labor contract with the cement factory. This is in violation of relevant laws and regulations, and it should bear joint and several liability for compensation. The judgment is as follows: (1) Dissolve the labor contract relationship between Li and the cement plant; (2) Li compensated the cement plant for overseas training expenses of 80,000 yuan, and lost 20,000 yuan, totaling 654.38+10,000 yuan; (3) Li's foreign company compensated the cement plant for a loss of 740,000 yuan; (4) The legal fees shall be borne by Li and his foreign companies. ? Expert evaluation: the judgment of the people's court is very correct. (1) There is no legal basis for Li to unilaterally terminate the labor contract in violation of the contract. After the labor contract is effectively established, both parties shall strictly perform their contractual obligations. According to relevant regulations, a laborer who unilaterally terminates a labor contract must meet the conditions stipulated by law or agreed in the contract. It is illegal for Li Unilateral to terminate the labor contract, and he should bear corresponding legal responsibilities. (2) liying shall be liable for compensation according to law. Article 102 of the Labor Law stipulates that: If a laborer terminates the labor contract in violation of the conditions stipulated in this law or violates the confidentiality matters stipulated in the labor contract, thus causing economic losses to the employer, he shall be liable for compensation according to law. ? In this case, Li left his job without authorization shortly after returning from overseas training, which not only caused a loss of 80,000 yuan in the training expenses of the cement plant, but also directly caused the new equipment of the cement plant to stop production for two and a half months, with a loss of 760,000 yuan. For this loss, Li should be liable for compensation. (3) Li's foreign company shall be jointly and severally liable for compensation. Article 99 of the Labor Law stipulates that if an employer recruits workers whose labor contracts have not been terminated, causing economic losses to the original employer, it shall be jointly and severally liable for compensation according to law. ? According to relevant regulations, the liability for compensation assumed by the new employer shall not be less than 70% of the actual loss of the original employer. In this case, the foreign company recruited Li as the deputy general manager knowing that Li and the cement factory had not officially terminated the labor contract, and the foreign company should bear corresponding legal responsibilities for this illegal act. It is reasonable that the court ruled that foreign companies should compensate the cement factory for the loss of 760,000 yuan. The following is the recommendation of other contract models: confidentiality agreement for business secrets of Beijing Construction Labor Subcontractors, confidentiality contract for confidential information;