Termination of striking employees upheld by court as lawful

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According to a July newspaper report, the Dongguan No. 3 District People’s Court reportedly ruled in favour of an employer, upholding its termination of 17 striking employees for misconduct.

It was reported that employees in a certain department within the company objected to their new managers and sent an e-mail to company headquarters demanding they be changed. The department employees then went on strike after the company rejected their proposal. The company then actively negotiated with the striking employees and invited the Labour Dispute Mediation Office to mediate.

Although most of the employees returned to work, several employees still resisted, and the company thus terminated 17 strike leaders, who then jointly filed claims against the company demanding double severance for wrongful termination, overtime compensation and annual leave compensation.

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Business Law Digest is compiled with the assistance of Baker & McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mail at: Zhang Danian (Shanghai) danian.zhang@bakermckenzie.com

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