three, Chongqing Moumou Mining Co. Ltd. v. Yang labor contract dispute case the referee essence: the employer to the employee seriously violates the rules on the grounds of termination of the labor contract, should provide evidence that policies and regulations formulated through democratic procedures, the employer will have rules and regulations of public to workers or inform the workers. It should also prove that employees are serious violation of rules and regulations. The employing unit cannot give sufficient evidence to prove the above facts, it shall be deemed to be an illegal relief, and shall pay compensation to the employee for the illegal termination of the labor contract.

    basic facts: Yang in October 2011 to Chongqing XX Mining Co., Ltd. (hereinafter referred to as a certain mineral company) to work, engaged in underground roadway tunneling work. Since March 7, 2014, the company did not go to work for no reason not to go to the company. March 12, 2014, yang to the company to go to work, so and so mineral company has not agreed to continue to work. In March 17, 2014, Yang Moumou to the mineral company from March 7, 2014 to March 2014 13 from work for 5 days, a serious violation of labor discipline grounds, according to the "Interim Provisions" employee labor discipline regulations third chapters eighth termination of a labor contract between the relationship with yang. In September 16, 2014, yang to the labor dispute arbitration committee for arbitration, arbitration requires XX mineral company to terminate labor relation with illegal, and certain mineral company to pay compensation 21000 yuan, labor arbitration committee supported Yang arbitration request. After the decision of the arbitration, a certain mineral company refused to accept the lawsuit, the court decided to lift the decision to terminate the labor relationship with Yang legal, not to pay compensation for the illegal termination of the labor contract.

    the court believes that the mineral company to Yang Moumou serious violation of the "Interim Provisions" employee labor discipline by lifting and Yang labor relations, should prove the "Interim Provisions" of the Department of labor discipline through democratic procedures formulated, the provisions of publicity or inform to Yang, also should the burden of proof of Yang the existence of a serious violation of the provisions of the fact. In this case, a mineral company has not shown sufficient evidence to prove that the "employee labor discipline Interim Provisions" of its formulation through the democratic process, has not shown sufficient evidence to prove that the provisions of publicity or inform to yang. At the same time, Yang Moumou mineral company claims from March 7, 2014 to March 13, 2014 has been absent for 5 days, but from its offer "report form", "attendance tables" can be seen on every Monday and Sunday should be Yang days of rest, and in March 9, 2014, 10 days are Sunday, Monday, the two day Yang should be recognized as days of rest, should not be regarded as Yang absenteeism. In March 12, 2014, Yang Moumou returned to work in mineral company, but the company refused to yang to work, also should not be regarded as Yang absenteeism. Therefore, during the period from March 7, 2014 to March 13, 2014, Yang was absent for 3 days, not in accordance with the "Interim Provisions" employee labor discipline “ no reason for absenteeism may terminate the labor contract with &rdquo for 5 days; the provisions of the mineral company to Yang Moumou absent from 5 consecutive days on the grounds of dissolve the labor contract the lack of evidence. The people's court has identified certain mineral company to terminate the labor contract law, rejected any claims of certain mineral company.