The judge was on the side of the company when employees were fired during the epidemic
Little butterfly 2021-02-23 01:04:21
2020 year , Everyone is working as hard as they can to fight the epidemic , Actively perform their duties and do a good job in epidemic prevention , Declare your personal itinerary truthfully 、 Health information, etc , And working in some units or industries related to public health and safety , Such as hospital 、 Catering , Employees and enterprises should seriously perform their epidemic prevention duties . If the above responsibilities are not fulfilled during the epidemic period , What are the possible consequences ?

 Employees were fired during the epidemic This time the judge is on the side of the company


In recent days, , Shanghai No.1 Intermediate People's court has concluded two appeals concerning labor contract disputes in accordance with the law , In both cases, employees were expelled from the company for not doing a good job in epidemic prevention . The first intermediate people's Court of Shanghai has been tried , Maintain the original judgment of the two cases in accordance with the law , The company has the right to terminate the labor contract , It does not support employees' claim for compensation for illegal termination of labor contract .

Case study 1: Chefs at catering companies lie about their itineraries

Chen Xiang is the Deputy chef of a catering company in Shanghai , Company self 2020 year 1 month 24 The holiday begins on the first day . Chen Xiang declared to the company that he was 2 month 8 Return to Shanghai , And provide a screen capture of the health status information registration form as required 、 The way of returning to Shanghai and the residential address and street after returning to Shanghai .

 Employees were fired during the epidemic This time the judge is on the side of the company


That year 2 month 14 Japan : Chen Xiang once again told the company the date and place of his return to Shanghai .

That year 2 month 20 Japan : The company calls Chen Xiang , Asked why the neighborhood committee said that it had not lived in the site , Chen Xiang first replied that “ I've been there all the time ”, Later also known as “ I don't know what to do , Now I'm not in , I was here the other day , Later, I didn't notice to go to work , I'm back in Kunshan .”

The catering company then informed Chen Xiang in writing , Because the information declared in Shanghai is not true , It's a lie , Against all levels of government 、 Basic requirements for street and enterprise epidemic prevention and control , It may cause the company to declare false materials for resumption of work 、 Serious impact on the health and safety of restaurants and other extremely bad effects , Ask Chen Xiang to 2 month 25 Recently, we provided 2 month 7 Relevant supporting materials from the date of feedback to the date of feedback , Including real and complete travel information 、 Living information after returning to Shanghai 、 Self isolation information and other relevant proof . After Chen Xiang provided relevant information , The company asked Chen Xiang how long he had lived in Shanghai , In what capacity and for what reason , Chen Xiang did not give a positive reply .

later , Because of Chen Xiang's existence, he repeatedly smoked in the no smoking area 、 The company has given several written warnings for shielding and obstructing monitoring facilities .

That year 3 month 19 Japan : The catering company and Chen Xiang terminate the labor contract , The reason is that Chen Xiang's declaration information is not true , A serious violation of “ No false information or false report shall be provided to the company ” Our rules and regulations , It belongs to the behavior that can be relieved immediately .

Chen Xiang initiated labor dispute arbitration , Claim for compensation for illegal termination of labor contract . The arbitration did not support the claim for compensation for the illegal termination of the labor contract . Chen Xiang is not satisfied with the arbitration award , So Sue .

In the first trial , Chen Xiang made it clear that 2020 year 2 month 8 Japan is just sending relatives back to Shanghai . The court of first instance held that Chen Xiang's statement was inconsistent , He told the catering company the date of returning to Shanghai and the living conditions , Obviously not in line with the actual situation . Chen Xiang did not truthfully report the date of returning to Shanghai and the isolation situation according to the actual situation , The catering company terminated the labor contract on the ground of serious violation of rules and regulations , There are facts and legal basis .

Chen Xiang doesn't agree , Appeal to Shanghai No.1 Intermediate People's court .

 Employees were fired during the epidemic This time the judge is on the side of the company


Shanghai No.1 middle school : Maintain the original judgment

The first Shanghai Intermediate People's court held that , Epidemic prevention and control period , According to the requirements, the catering company carries out the investigation on the health of employees and the track of activities before returning to work , Let Chen Xiang report “ The date of returning to Shanghai and the residential address after returning to Shanghai ” There is nothing wrong , The company has also repeatedly reminded us to fill in the health registration form and the precautions during the epidemic period , Therefore, Chen Xiang should be aware of the importance of truthful declaration .

If Chen Xiang returns to Shanghai and isolates himself, there will be difficulties , It can be dealt with properly through negotiation after truthful statement to the company , However, he knew that the catering company was carrying out investigation on the track of employees' health and pre return activities in order to apply for returning to work , He has repeatedly reported his temporary sending relatives home as the date of his return to Shanghai and his residential address , Obviously inappropriate .

Chen Xiang's behavior is bound to delay his actual time to return to work , And according to the nature of the catering industry , For example, Chen Xiang's behavior of falsely reporting information has not been found by the catering company , It will not only affect the normal return to work of catering companies , And it could threaten the public interest . therefore , Chen Xiang not only seriously violated the rules and regulations , And a serious violation of labor discipline , The catering company legally rescinds the labor contract with it .

Shanghai No.1 Intermediate People's Hospital 2021 year 1 month 28 A sentence was handed down in court on July , Reject Chen Xiang's appeal , Maintain the original judgment . Chen Xiang's claim that the company should pay compensation for the illegal termination of the labor contract is not supported .

Judge's statement :

Gu Huiping, the presiding judge of the case, pointed out that , This case happened during the period of epidemic prevention and control , The company should obey the emergency measures taken by the government , Fully grasp the situation of employees going out , Actively cooperate with the registration and management of health information of employees coming to Shanghai . In order to return to work, the catering company carried out the investigation on the track of employees' health and pre return activities , Ask employees to report “ The date of returning to Shanghai and the residential address after returning to Shanghai ” There is nothing wrong . Employees returning to Shanghai are responsible for reporting truthfully 、 Fill in the health registration form and cooperate with the implementation of epidemic prevention and control measures and other obligations , It's about being responsible for yourself , Also responsible for the safety of the company and others .

Case study 2: Hospital security “ formality ” take temperature

Zhu an is an employee of a security company in Shanghai . During the epidemic , As a security guard, he was assigned to the garrison hospital for security work , But in 2020 year 6 Received the notice of termination of employment relationship from the company in June , The company's reason is that Zhu an seriously violated the company's rules and regulations during his work , It's not only complained by doctors and nurses in resident hospitals , He also thinks that his body temperature measurement work is just “ formality ”, Because of his repeated violations of discipline 、 Incorrigible , So he was expelled .

 Employees were fired during the epidemic This time the judge is on the side of the company


Zhu an initiated labor dispute arbitration , But the arbitration did not support his claim , Zhu an doesn't agree , So Sue .

The court of first instance held that , Surveillance video from the security company 、 Photo 、 Conversation recording and Arbitration 、 Zhu an's statement during the lawsuit can be confirmed , During Zhu an's term of office, there was indeed a violation of discipline mentioned by the security company , Therefore, we do not support Zhu an's claim that the company should pay compensation for the illegal termination of the labor contract .

Zhu an doesn't agree , Appeal to Shanghai No.1 Intermediate People's court .

 Employees were fired during the epidemic This time the judge is on the side of the company


Shanghai No. 1 middle court thinks :

According to the facts that have been found out , Zhu an is arranged by the company to have a large turnover of personnel 、 Hospitals with heavy epidemic prevention and control tasks are engaged in security work , We should prudently perform our security duties in strict accordance with the requirements of the employer and the resident hospital , During the epidemic period, we should obey the overall situation , Follow work orders , Actively prevent and control .

However , From the service inspection list provided by the company 、 Surveillance video 、 Photo 、 The evidence of recording and writing can be seen , Zhu an not only breaks the dress code during working hours, but also takes off his post in the office of the hospital 、 Late for work 、 Illegal charging and other violations of discipline , And sleep in the pre triage position during working hours , There is still unfinished work on guard 、 Disobeying work arrangements, etc . in addition , Zhu an thinks that the preventive measures taken by the security guard are just “ Take a form ”, For the instructions and requirements issued by the hospital, I think “ It's OK not to execute ”, His subjective understanding and objective behavior are improper .

According to the regulation , The laborer seriously violates the labor discipline or the rules and regulations of the employing unit , The employer may rescind the labor contract . The company claims that Zhu an's above-mentioned violation of discipline constitutes 《 Interim Provisions on rewards and punishments for employees 》 in “ Disobeying work arrangements , Causing great influence , Will be dismissed ” as well as “ Irresponsible at work , Of a serious nature , Will be dismissed ” The situation , It can be established .

The first Shanghai Intermediate People's Court upheld the original judgment , Zhu an's claim that the company should pay compensation for the illegal termination of the labor contract is not supported .

Judge's statement :

Gu Ying, the presiding judge of this case, pointed out that , Employees' disobedience to work arrangements and failure to fulfill security obligations can reflect the slackness of working attitude and lack of professional ethics , Especially during the outbreak , As a security guard , We did not seriously carry out the epidemic prevention measures such as measuring the body temperature of the people who came to the hospital , Increased the risk of epidemic prevention , It may cause considerable potential safety hazards to the lives and health of the people and medical staff , The nature of the case is serious , The company has the right to terminate the labor contract according to law .

( source | Shanghai No.1 Intermediate People's hospital 、 Look at the news Knews Reporter Wang Xue )

source : Look at the news Knews
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