four, Chongqing printing and dyeing Co., Ltd. v. Zhou Moumou labor dispute case the referee essence: the employer is declared bankrupt according to law, the termination of labor contract. The employing unit to apply for entry into the bankruptcy liquidation procedure on the grounds of the labor relations with the employee, unless the employee agrees to terminate, otherwise it is illegal to remove.

    basic facts of the case: Zhou started in September 1, 2003 to Chongqing XX printing and dyeing Co., Ltd. (hereinafter referred to as certain printing and dyeing company) to work, and signed a written labor contract. A printing and dyeing company on 28 May 2015 fifth in Chongqing City Intermediate People's court to apply for bankruptcy, the Chongqing fifth intermediate people's court ruled that the admissibility filed for bankruptcy liquidation of the company, but has not yet been declared bankrupt. In February 27, 2015, a certain printing and dyeing company to apply to the bankruptcy procedures on the grounds, to the week of the "lifting of labor relations notice". Zhou to the labor and personnel dispute arbitration committee for arbitration, the request for a certain printing and dyeing company to pay arrears of wages, the law of the lifting of labor relations compensation. After the arbitration award is made, a certain printing and dyeing company refuses to accept, the people's court proceedings. In the trial, Zhou expressly agreed to terminate the labor contract with a certain printing and dyeing company, and by a certain printing and dyeing company to pay economic compensation.     the court believes that the termination of the labor contract by the employer unilaterally must have the legal conditions, and shall perform the appropriate procedures, otherwise it is illegal to lift, should bear the responsibility of the illegal termination of labor contracts. "People's Republic of China labor law" forty-fourth regulations, the employer is declared bankrupt according to law, the termination of the labor contract. In this case, a printing and dyeing company although to the people's court filed for bankruptcy liquidation and bankruptcy liquidation, also by the people's court, but in the people's court has declared bankruptcy during certain printing and dyeing company, XYZ printing and dyeing company can not unilaterally its application into bankruptcy by lifting and Zhou's labor contract. Therefore, printing and dyeing company to Zhou Moumou served "notice to terminate the labor relationship", intends to lift and Zhou's labor relations, belong to illegal termination, Moumou printing and dyeing company shall according to the relevant provisions of the "labor contract law" to the People's Republic of China Zhou pay illegal labor contracts compensation. But in view of the week in a lawsuit expressly agreed to terminate the labor contract with a certain printing and dyeing company, and the company paid by a certain printing and dyeing company to pay economic compensation, should be regarded as a punishment for their own rights. People's court ruling Moumou printing and dyeing company to pay a weekly economic compensation of 23546.25 yuan.