2025, Chongqing High Court released ten typical cases of civil trial in Chongqing Court in 2024, and a labor dispute case heard by Chongqing Fengdu County Court and Chongqing Third Intermediate Court was selected.
According to reports, Lang Mou is an employee of a cement company. A cement company has formulated rules and regulations to prohibit employees from driving or riding motorcycles, electric cars and other vehicles with relatively poor safety performance to and from work, otherwise a cement company has the right to terminate the labor contract. Because the commuting route of a cement company does not pass through the town where Langmou's family is located, and there is no bus in the town directly to the location of a cement company, Langmou drives a motorcycle to and from work after obtaining a motorcycle driver's license and driving license and insuring compulsory motor vehicle traffic accident liability insurance. After a cement company found out, it notified Langmou to terminate the labor relationship. Langmou applied for labor arbitration, requesting a cement company to pay compensation for illegal termination of labor relations, and the Labor Dispute Arbitration Commission ruled in support of Langmou's request. A cement company refused to accept it and sued the court. After trial,
the Fengdu County Court held that Langmou held a motorcycle driver's license and that his choice to drive a motorcycle to and from work did not violate the law. The rules and regulations formulated by a cement company restrict the right of employees to freely choose the mode of transportation to and from work, which infringes on the legitimate rights and interests of workers, and should be considered invalid. On this ground, the cement company terminated the labor contract with Langmou in violation of the law, and then decided that the cement company should pay compensation for Langmou's illegal termination of the labor contract. After the verdict of the first trial, the cement company refused to accept it and appealed. After hearing, the Third Intermediate Court of Chongqing rejected the appeal and upheld the original judgment. The typical significance of
this case is that the employer should exercise the autonomy of employment within a reasonable range, and should not damage the legitimate rights and interests of workers for the purpose of avoiding its own legal risks. In this case, the trial court found that the rules and regulations formulated by the employer to restrict the freedom of travel of employees were invalid, and then made a negative evaluation of the employer's termination of the labor contract on this ground, which responded to the simple travel needs of workers, regulated the excessive management behavior of the employer's "willful cross-border", and provided a strong judicial guarantee for the construction of harmonious and stable labor relations.
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