Practical sharing of handling labor cases

On the afternoon of July 18, 2025, the Denghu Classroom will start as scheduled. The lecture will be given by law firm partner Peng Mingen, who will analyze specific cases and provide strong legal guidance and practical reference for colleagues present when dealing with similar legal issues.

Case 1: Is it legal for the company to terminate the labor contract if an employee refuses to be transferred?

Case summary: Huang Sheng joined a property management company in May 2008 as a project manager, and the labor contract stipulated that the work location would be in Guangzhou. In March 2023, the company notified Huang Sheng to be transferred to the position of Reserve Project General (Project Manager level) in Nanyue X District, with a slight increase in annual salary. The work location will be adjusted to Panyu and Tianhe related areas (still in Guangzhou), and two attendance check-in points will be set up. Huang Sheng failed to report to the new position as required and continued to clock in at the original location. The company subsequently terminated his employment relationship. Huang Sheng applied for arbitration and demanded that the company pay compensation for the illegal termination of the labor contract.

Lawyer Peng, based on the case of Yue 01 Min Zhong 4190 (2024), pointed out that employers need to grasp the principle of 'reasonableness' when transferring positions, including:

1. Job transfers shall not be punitive or insulting;

2. Salary and benefits shall not be reduced, and the adjustment of work location shall be within a reasonable range;

3. Workers should also cooperate with the employer's reasonable management arrangements.

Case 2: Can the company terminate the employment relationship if an employee is criminally detained?

Case summary: The employee was criminally detained on suspicion of rape and later arrested and prosecuted. The court sentenced the employee to three years in prison for rape in the first instance. On the same day, the employer made a decision to terminate the labor contract in accordance with the provision that 'employers who are held criminally responsible according to law may terminate the labor contract'. But after the employee appealed, the court ruled in 2019 that he was not guilty. The court believes that when the unit terminates the labor contract, the first instance judgment has not yet taken effect, and the final judgment acquitted the employee, the termination decision lacks legal basis; The unit subsequently defended itself on the grounds of 'work style issues', but the termination decision did not use this as a reason. Therefore, it was determined that the unit was illegally terminated and compensation should be paid.

Lawyer Peng reminds that 'being investigated for criminal responsibility in accordance with the law' is a legal condition for employers to terminate labor contracts. If an employee is ultimately found innocent, the termination decision made based on 'being investigated for criminal responsibility' may constitute an illegal act.

Case 3: Should maternity allowance be paid to employees on maternity leave who start work early?

Case summary: The company has paid maternity insurance for its female employees. In February 2018, a female employee took maternity leave due to childbirth, but resumed work early in March due to concerns about affecting her bonus. The social security institution has approved that the maternity insurance benefits include a subsidy of 17248.34 yuan. The company has paid medical expenses, examination fees, and normal work remuneration to female employees, but has not paid maternity allowances.

Lawyer Peng pointed out that according to the relevant provisions of the Social Insurance Law of the People's Republic of China, female employees can enjoy maternity leave and maternity allowance. Although employees start work early, they have already taken part of their maternity leave and have the right to receive maternity allowance. The company's refusal to pay on the grounds of their early start lacks legal basis.

After listening to Lawyer Peng Mingen's interpretation, every colleague felt that they had benefited greatly. Thank you very much for Lawyer Peng Mingen's sharing today. We look forward to learning more useful knowledge through Denghu Classroom!