【Basic Facts】

Mr. Zhang established a labor relationship with a company on Nov. 17, 2006 and successively signed three labor contracts. He signed the unfixed-term labor contract on Sep. 24, 2014. From April 1, 2014, Mr. Zhang applied for an internal job transfer in the company changing to assistant test engineer from the original post of inspector (with increased salary, higher than employees without night shift). The company clearly informed Mr. Zhang the new post has the night shift requirement and the time and frequency of the night shift is uncertain. Mr. Zhang expressed he accepted and came to the position.

However, Mr. Zhang suddenly told the company around October 2014 he was not willing to work on the night shift for the reason that the company only arranged him on the night shift. The trade union of the company communicated with him for many times (The communication is recorded and Mr. Zhang also refused to sign the communication recording required by the company). Through coordination of the trade union, the department of Mr. Zhang agreed to reduce the night shift arrangement of Mr. Zhang as much as possible, told Mr. Zhang in the email form a month ahead of time and promised to help Mr. Zhang adjust to the post without the night shift requirement and that Mr. Zhang was willing to engage. But before the completion of the formal adjustment, the department also clearly told Mr. Zhang could comply with the night shift arrangement and coordinate with the work of the department. However, Mr. Zhang failed to work on the night shift as required by the scheduling in the email from March, 2015 and replaced the arranged night shift with the day shift and middle shift. The company gave three written warnings on March 26, April 1 and May 14, 2015, delivered by the vice chairman of the trade union of the company. As Mr. Zhang refused to sign, the vice chairman of the trade union marked the refusal situation and delivery time on the written warning. After soliciting the opinions of the trade union, the company severed the labor relation with Mr. Zhang for the reason that three written warnings constituting serious discipline violation on May 18.

Mr. Zhang thought the company terminated the labor relation illegally, instituted arbitration proceedings and required the company to pay the illegal termination compensation of RMB91, 200. The arbitration supported the appeal of Mr. Zhang for the reason that the company failed to provide the proof and Mr. Zhang denied he received the written warning on May 14 in court hearing.

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