what was going on
Zhang suspected of secondary school teachers accused of rape, although rape facts not found, but the school lifted its labor contract. Zhang sued the school, claimed the loss of 18 million yuan
School Response
Zhang in violation of the reputation and image of the severely affected, terminate the labor contract signed by both parties comply with the relevant regulations and the employment contract
court decision
Zhang behavior does not meet the basic norms of professional ethics of teachers required , the objective has been to the office on the school's reputation damage. Zhang dismissed all claims
as a married male secondary school teachers, Zhang (not his real name) suffered from the alleged rape against the opposite ###### outside of marriage, the public security organs to the school for this survey ... ... Although not recognized the fact of rape, but it in high school that Zhang's behavior has seriously violated professional ethics of teachers, and Zhang a premature termination of the labor contract. Later, Zhang sued the school, the losses claimed a total of 18 million yuan. Chengdu Business Daily reporter learned yesterday, high court after hearing the case that behavior is not consistent with Zhang's
suspected of rape is charged
dismissal by the school he claims 180,000
Photo One of a secondary school teacher, in July 2001 with the signing of a secondary school in Chengdu employment contract, the agreed period of 6 years. Contract expires, the two sides in November 2007 signed a 3-year appointment (with) the contract, the contract period to July 2010. However, in July 2008, the school took the initiative to Zhang for a lifting of the labor contract and to recover all the benefits and did not make any compensation for Zhang, Zhang reason is suspected of rape, a woman accused to the police station.
2008 years, a woman came to the public security organs, Zhang accused them of rape, which conducted a survey of the public security organs. Zhang as an adult male over 40, married, identity is a secondary school teacher, public security agencies in the investigation visited the school, and Zhang made inquiries in writing. Although the final failure of the public security organs Zhang finds that the facts of rape, but will act Zhang handled by the school. Schools and Zhang then lifted the labor contract.
Zhang after that, the school's practice of unilaterally terminate the labor contract is wrong, the labor arbitration, will be high school sued the district court, the damages claimed a total of 18 million yuan. Specific claims are as follows: 1, to require schools to pay unemployment (3 months) pay 12,000 yuan; 2, requiring schools to pay benefits during the housing 116,480 yuan (1,300 yuan / m × 7 × 128 平方米 years / 10 years); 3, required to pay economic compensation (7 months) 28,000 yuan; 4, requiring schools to pay should pay the Housing Fund (3,500 yuan × 10% × 84 months) 29,400 yuan.
School
violation of professional ethics of the school's reputation
terminate the contract compliance
in the case proceedings, as the defendant's school Zhang's claim of his plea.
school, said Zhang's serious violation of professional ethics of teachers, in violation of Zhang improper relationship for men and women, by the public security organs to investigate the alleged rape, rape after the fact can not be identified due, to pay the secondary treatment, so that the school's social reputation and image of the severely affected and, therefore, one of the secondary lift and Zhang labor contract between the parties comply with the relevant provisions of the employment contract signed.
for his proposed claim, the school responded that singles in the work, the school has arranged for housing and enjoy the corresponding benefits. By Zhang failed to meet working time in the school's 10 years of service contract period, Zhang can not get housing benefits provided by the school property. Hence the hiring of a contract has been enjoying the housing benefits,
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Court found,
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Court
violation of professional ethics of teachers
rejected all claims
high court held that, Law Zhang as an adult other than their spouse married male hetero######ual relationships, and thus cause the woman to the public security organ for criminal charges and was asked the public security organs investigated and their behavior does not meet the Code of Ethics While its behavior is employed objective has been to damage the reputation of school, in this case, the defendant lifted and Zhang's labor contract with the law, and that the school without paying economic compensation. Meanwhile,
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In addition, the two sides in the labor contract when the male staff at the entry age from 32 to 44 years old, worked at the school for 10 years, secondary schools provided free of charge a full property room , after the transfer of staff to obtain ownership housing secondary schools 1300 yuan / square meter price of priority access, if the staff in non-school before the expiry of the agreed services, the housing recovery by the school. Zhang to a labor contract is terminated in the secondary service period of 7 years, the two sides do not meet the 10-year work contract period, advocated by Zhang housing benefits during the contract does not meet both conditions, and no legal basis to support . Therefore, the request for Zhang during the defendant to pay housing benefits not support this claim.
Finally, Zhang request the school to pay the housing fund to pay the claims do not belong to the jurisdiction of labor disputes, claims to this Court in this case be processed. Eventually, the high court rejected all claims Zhang.
high-tech method of Chengdu Chinese Commercial News reporter Zheng Yufei
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