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魏先生从会计中专学校毕业被一家国有企业聘用,并安排在会计科实习。单位与魏先生签订了为期3年的劳动合同,合同约定:魏先生的工作内容为会计业务;试用期为6个月。实习期间,魏先生身体良好,也能胜任工作。而魏先生上班两个月后,单位得知,魏先生因伤两年前摘除了右肾,经医院检查核实后,单位以魏先生身体有严重缺陷、不符合上级规定的招工条件为由,决定与魏先生解除劳动合同。魏先生认为单位擅自单方解除双方签订的劳动合同,违反劳动法,侵犯了自己合法权益,向劳动争议仲裁部门提请仲裁,要求撤销单位作出的解除劳动合同的规定,继续履行劳动合同。
Mr. Wei graduated from an accounting school and was hired by a state-owned enterprise and arranged for an internship in the accounting department. The unit and Mr. Wei signed a three-year labor contract, the contract stipulates: Mr. Wei’s work for the accounting business; probationary period of 6 months. During the internship, Mr. Wei was in good health and qualified for work. Mr. Wei two months after work, the unit was informed that Mr. Wei removed the right kidney two years ago because of injury. After the hospital checks and verified, the unit to Mr. Wei has serious defects in the body, does not meet the conditions set by the provisions of higher education grounds, Decided to terminate the labor contract with Mr. Wei. Mr. Wei believed that the unit unilaterally dissolved the labor contract signed by both parties, violated the labor law, infringed upon its own legal rights and interests, submitted the arbitration to the labor dispute arbitration department, demanded the cancellation of the stipulation of the termination of labor contract made by the unit, and continued the performance of the labor contract.