Gao Qifu, a former IBM manager in Taiwan, had no intention of going to a branch office and was fired for the second time. After he filed a lawsuit, the North Court determined that there was an employment relationship between the two parties and required IBM to pay him a monthly salary until Gao was reinstated.

(AFP file photo)

[Reporter Wen Yude/Taipei Report] Taiwan IBM manager Gao Qifu, who was selected as "Taiwan's 100 MVP Most Valuable Managers", applied to IBM seven years ago to stay without pay, but IBM regarded him as voluntary on the grounds that there was no vacancy After resigning, after Gao filed a lawsuit, the Supreme Court ruled that IBM must reinstate Gao, and pay a total of more than 9 million yuan in salary, capital interest and retirement allowance.

Later, IBM arranged for Gao to work in the branch, but Gao was dismissed after he had no intention of transferring. After Gao filed a second complaint, the Taipei District Court determined that the employment relationship between the two parties existed, and ordered IBM to reinstate Gao from December 1, 2021 to the date of Gao's reinstatement. The monthly salary is more than 160,000 yuan; appeal is possible.

Gao advocates that he has been employed by IBM as an engineer since 1996, and as a distribution channel business development manager since 2015, with a monthly salary of 165,741 yuan. At that time, he wanted to transfer to other departments, but IBM took the "software department personnel freeze" as an excuse. Due to the termination of the transfer procedure, and his original position has been supplemented by other employees, he will stay without pay.

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Gao said that during his stay, he repeatedly expressed his willingness to reinstate his job but failed. He appealed to resume his job in order to protect his own rights and interests. The Supreme Court also ruled on August 31, 2020 to confirm the existence of his employment relationship with IBM.

Gao also said that IBM officially announced the establishment of Qinda Rui Company on April 14, 2021, and asked him whether he intends to transfer to the company. Refusal to perform placement obligations on the grounds that there is already a suitable candidate or that his experience does not match.

Gao bluntly stated that IBM did not arrange education and training, and he unilaterally pointed out that he was incompetent, and although the labor-management mediation between the two parties failed, IBM terminated the labor contract during the mediation period, which clearly violated the Labor-Management Dispute Handling Law. IBM is required to pay a monthly salary from December 1, 2021 to the date of his reinstatement.

IBM explained that due to the change of business nature, it is necessary to reduce the number of laborers. However, the three vacancies that Gao is interested in are not competent. In addition, Gao has more than 25 years of experience. He should understand the company's culture and philosophy, which is no longer applicable. The education and training system for fresh people in society is therefore a legal termination of the labor contract with Gao.

The North Court pointed out that due to the change in the nature of IBM's business, it was necessary to reduce the labor force. Later, IBM offered new job vacancies but Gao refused, and the relevant job vacancies were not suitable for Gao. IBM has explained the reasons, so it cannot be determined that IBM has not fulfilled its placement obligations.

However, during the labor dispute mediation period, that is, on November 18, 2021, IBM sent a letter of deposit to notify Gao to terminate the labor contract, which has violated the Labor Dispute Handling Law.

The North Court also pointed out that during the period from November 18, 2021 to the formal termination of the contract on March 4 this year, IBM failed to perform its resettlement obligations to Gao, which violated the provisions of the Labor Standards Law. If the employment relationship exists, IBM will also pay a monthly payment of 165,741 yuan from December 1, 2021 to the high reinstatement date.