Recently, the Shanghai Pudong court made a judgment of first instance, finding that the company's act of terminating the labor contract is illegal and should pay compensation to the workers 19.4 Wanyuan company was rejected after the appeal. Now the judgment has come into effect
The man refused to take his computer home during the Spring Festival and was fired
Xiao Zhang works as a software engineer in a consulting company 4 Years later, he was expelled from the company. It is understood that several things happened between Xiao Zhang and the company triggered conflicts ↓↓ Contradiction one ： The company said Xiao Zhang refused to take his computer home during the Spring Festival , Express dissatisfaction in the notice of dismissal , Companies list ： Xiao Zhang maliciously refuses to perform and maliciously delays the labor tasks arranged by the company 、 Malicious violation of the company's labor time regulations . original ,2019 Before the Spring Festival , The company takes Xiaozhang's customers who are responsible for maintenance as an excuse that they may need emergency services , Tell him to take the computer home for the new year , Have been rejected . Contradiction two ： The company called Xiao Zhang Spring Festival “ Out of contact ”, What makes the company even more dissatisfied is , Xiao Zhang is off for the Spring Festival 27 Day off. , in the meantime “ Out of contact ”. Xiao Zhang thinks that , Accompany your family during the Spring Festival holiday , No obligation to work , also 27 It's a proper holiday , Including the Spring Festival holiday 11 God , Plus a day off 12 Days and 2 A weekend . Contradiction three ： The company said Xiao Zhang took an early lunch break , Express dissatisfaction, the two sides also appeared on the determination of lunch break time , The company thinks , It is clearly stipulated in the employee handbook that the lunch break is at noon 12 It's half past 13 spot , And Xiao Zhang has been from 11 It's half past noon . Regarding this , Zhang said , In the actual work schedule , The company did not follow the employee handbook . Contradiction four ： The company said that Xiao Zhang maliciously delayed the labor task , Express dissatisfaction in addition , The company said that Xiao Zhang also maliciously delayed the labor task .2019 year 7 month 24 Japan , The company informed Xiao Zhang the next morning 9 Point to the client company , But Xiao Zhang didn't arrive until noon . Xiao Zhang explained that , He was off work when he was informed , After getting the client's consent, he went back to the company to get the computer , That leads to being late . After being fired , Xiao Zhang applied for labor arbitration , Ask the company to pay compensation for the illegal termination of the labor contract 19.4 Ten thousand yuan and overtime pay, etc , Get support . The company that didn't approve of this sued Xiao Zhang again , The company is not required to pay the compensation . court ： No serious violation of rules and regulations, judge ： We should be tolerant to workers to a certain extent
After hearing, Shanghai Pudong court held that , The focus of the dispute in this case is , Several violations proposed by the plaintiff , Whether it constitutes a serious violation of rules and regulations . For the Spring Festival refused to bring a computer , The court said , There is nothing wrong with the plaintiff's claim , But the defendant is on leave , There is no obligation to provide labor to the plaintiff , Therefore, it does not belong to the malicious refusal of the work tasks arranged by the company . Moreover, ,27 It's also a matter of due process , Is not “ Out of contact ” state . The dispute over whether the lunch break is reasonable , It can be concluded that the defendant's behavior is a violation of discipline , But not yet “ Serious violations of rules and regulations ” The degree of . As for the defendant's failure to provide labor to the third party in time , It is caused by objective reasons , It's not malicious Procrastination of the company's assigned tasks . Sum up , Shanghai Pudong court held that , The plaintiff claimed that the defendant's three disciplinary facts did not constitute a serious violation of rules and regulations , It is illegal for the plaintiff to terminate the labor contract for the above reasons , Therefore, the plaintiff's claim is rejected . The trial judge held that , Whether it's a small team , It's still a big company , Harmonious labor relations 、 Team atmosphere is the foundation of good development . The employer is the manager , We should maintain a certain degree of tolerance and goodwill towards workers .
Netizens are talking about it
Netizens have different opinions on this. Some netizens think that employees really have dereliction of duty ↓@liming ： Labor arbitration laws will certainly protect individuals , Instead of protecting the company , But no matter what the verdict is , I still have a little sympathy for this company , If all the facts it states are true , It's really bad luck for employees like this . But empathy is empathy , Before the employee lost contact during the Spring Festival , You'll find out about his violations , Why not punish ？ Why not find someone who can take his place ？ Why not get rid of this hidden danger early ？ And now afterwards , I'm looking for the future here like a grumpy woman , You deserve it ？@ The meal of youth ： It's true that employees don't work hard ！@ You know me ： Such employees , Such a working attitude , It's going to be eliminated by the company , Sooner or later [email protected] Guangzhou Elderly ： Employees are unreliable , If everyone is like this , The company can't run , This kind of employee can't stay . Some netizens think that the unit also has problems, the staff is too difficult ↓@ Clear sky ： I've said it many times , The workplace environment must be rectified , But until now there are no seats , It's getting more and more out of line , Next time there will be something more wonderful ？ Terminate the labor contract on the ground of violating rules and regulations , First, the rules and regulations should be legal and effective （ Democratic procedures and publicity to workers ）, Second, the unit can prove that the laborer has seriously violated the rules and regulations , The reason why the law puts forward higher requirements for employers , It's because the employer is responsible for management [email protected] Look at the stars together ： These wonderful companies are emerging one after another ！ Speechless [email protected] Yes, it's like this ： The company is too arrogant ！@ Ah, sigh ： Spring Festival ！ Don't let people have a good Spring Festival ？
source ： Dongfang.com