Use wechat to scan QR code < / P > < p > to share with friends and circle of friends < / P > < p > < / P > < p > every editor Lu Xiangyong has good welfare and decent work. Foreign enterprises are the hot cakes in the eyes of many professionals. However, according to a recently published civil judgment, world-famous enterprises < a target = "_ blank" href=" https://news.163.com/news/search?keyword=IBM "> two employees of IBM < / a > Beijing Branch in China, one is the sales director with a monthly salary of 200000, and the other is the sales manager with a monthly salary of 120000. They were all dismissed because they failed to fulfill their duties and granted low prices to dealers, causing losses to the company. < p > < p > in the first instance judgment, < a target = "_ blank" href=" https://news.163.com/news/search?keyword=%E6%B3%95%E9%99%A2 "> the court < / a > supported the IBM side, that is, it found that it was legally released < a target ="_ blank" href=" https://news.163.com/news/search?keyword=%E5%8A%B3%E5%8A%A8%E5%90%88%E5%90%8C "> labor contract < / a >. < p > < p > < strong > IBM: caused a loss of more than 10 million yuan < / strong > < / P > < p > according to the civil judgment of the first instance published by China judicial document website on April 8, Zhang, born in February 1968, joined IBM in 1993 and signed an open-ended labor contract. Zhang holds the post of system and technology division of IBM Greater China_ blank" href=" https://news.163.com/news/search?keyword=%E5%B0%8F%E5%9E%8B%E6%9C%BA "> minicomputer < / a > Sales Director. The salary standard is 206383.19 yuan / month. < p > < p > Xing, born in May 1963, joined IBM in 2009 and signed an open-ended labor contract. Since November 1, 2015, Xing has been the sales manager of IBM systems and technology division in North China. The salary standard is 121842.56 yuan / month. < / P > < p > Zhang and Xing are responsible for the sales of minicomputers in the procurement project of hardware equipment for social security informatization construction of Anshan Human Resources Department (hereinafter referred to as Anshan social security project) tendered by the distributor Rong x technology company. < p > < p > Anshan social security project is a public bidding project. Rongx technology won the bid with 26.9802 million yuan (US $3.44 million). Rongx technology applied to Zhang and Xing for IBM to sell minicomputers to rongx technology at a price of US $1.15 million on the ground that the project is a non-public bidding project and there is market competition. Zhang and Xing approved the application. < p > < p > IBM said that Zhang and Xing knew that Anshan social security project was a public bidding, and they should also know the winning price of rongx technology company, so they still approved the application of rongx technology company, which was a serious dereliction of duty and caused huge economic losses, so they terminated the labor contract with Zhang and Xing. < / P > < p > Zhang applied to Chaoyang Arbitration Commission for arbitration, requesting: 1. Continue to perform the labor contract; 2. Pay 259481.06 yuan from September 26, 2017 to October 30, 2017. < / P > < p > the Arbitration Commission ruled that: 1. IBM paid Mr. Zhang 18977.76 yuan for the period from September 27, 2017 to September 28, 2017; 2. Other arbitration claims of Mr. Zhang were rejected. < p > < p > Xing applied to Chaoyang Arbitration Commission for arbitration, requesting: 1. Continue to perform the labor contract; 2. Pay 259481.06 yuan from September 26, 2017 to October 30, 2017. < / P > < p > the Arbitration Commission ruled: 1. IBM paid Xing's salary of 11203.92 yuan from September 27, 2017 to September 28, 2017; 2. It rejected Xing's other arbitration claims. < / P > < p > Zhang and Xing refused to accept the ruling and sued the people's Court of Chaoyang District, Beijing. They are required to continue to perform the labor contract and pay the wages from September 26, 2017 to the actual recovery of labor relations according to the wage standard. < / P > < p > regarding the termination of the labor contract, IBM claims that the Anshan social security project submitted by its secondary distributor, rongx technology company, is an open bidding project. The final winning price of the project is 26.9802 million yuan, but rongx technology company conceals the winning price and applies for a special price order. Zhang, as the sales director of minicomputer, has been following up the project, knowing that the Anshan social security project is a project The public bidding project failed to fulfill the Examination Obligation and violated the operation process, and the public bidding project was approved according to the non-public bidding, which led to the company selling minicomputers at a low price, resulting in an economic loss of more than 10 million yuan, which seriously damaged the company's interests and violated the "a target ="_ blank" href=" https://news.163.com/news/search?keyword=%E5%91%98%E5%B7%A5%E6%89%8B%E5%86%8C "> the relevant provisions of" labor discipline and punishment "in the employee handbook < / a >, so the company's termination of the labor contract in accordance with the relevant provisions of the labor contract law and the employee handbook is a legal termination. < / P > < p > both Zhang and Xing claimed that they did not know in advance that Anshan social security project was a public bidding project, and the company did not stipulate that there could be no special price orders for public bidding, no matter whether there was public bidding or not. The court of Chaoyang District held that the party concerned has the responsibility to provide evidence to prove the facts on which the claim is based. If there is no evidence or the evidence is insufficient to prove the party's claim, the party with the burden of proof shall bear the adverse consequences. < / P > < p > the employer shall bear the burden of proof for labor disputes arising from the employer's decisions such as dismissal, dismissal, termination of labor contract, reduction of labor remuneration, calculation of working years, etc. In this case, IBM terminated its labor contract on the ground that Zhang and Xing seriously violated the company's business operation process, and submitted the public bidding announcement, e-mail, employee handbook, etc. for evidence. Zhang and Xing recognized the authenticity of e-mail and employee handbook. Although Zhang and Xing claimed that the translation of e-mail submitted by IBM was inaccurate, they did not submit corresponding evidence, so the court rejected their claims. < p > < p > as the sales director of the small computer department, Zhang belongs to the senior management of the Department, so his identity and responsibilities are different from those of ordinary employees, and it is his duty to perform more careful review obligations to avoid causing losses to the company. According to the e-mails, Zhang has a clear understanding that Anshan social security project is a public bidding project, and the information of the public bidding project has been published in public channels. Zhang said that he did not know that Anshan social security project is a public bidding project, which is obviously not in line with common sense. < / P > < p > as an important part of price examination and approval, Zhang and Xing failed to notice the special price application of "non-public bidding" sent by dealers after the bidding results were announced, and they failed to fulfill their obligation of examination and approval. They examined and approved the public bidding project in accordance with non-public bidding, and lacked the necessary documents (bidding announcement) for public bidding in the examination and approval processIt is obvious that the company fails to fulfill its duty of review and violates its duty of loyalty and diligence as a senior manager of the Department when it still approves the application for special discount from the distributor without obtaining complete information. < / P > < p > the sales department is an important functional department for the company to obtain commercial benefits. As the sales director of the small computer department, Mr. Zhang is the sales manager of Mr. Xing. The above behaviors obviously violate the company's business objectives. Therefore, IBM rescinds the labor contract with Mr. Zhang, Mr. Zhang and Mr. Xing according to the actual and legal basis. Zhang, Xing asked IBM to continue to perform the labor contract with them, which was lack of basis and the court did not support. < / P > < p > finally, in the first instance, the court ruled that IBM paid 18977.76 yuan to Zhang from September 27, 2017 to September 28, 2017, and 11203.92 yuan to Xing from September 27, 2017 to September 28, 2017, rejecting other claims of the two. < / P > < p > < strong > editor | < / strong > Lu Xiangyong, Wang Jiaqi, Du Hengfeng < / P > < p > < strong > proofread | < / strong > SUN Zhicheng < / P > < p >