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"It's really the same as not wearing it, super invincible and comfortable."
In a busy city, the sword of law hangs high and illuminates every corner, and recently, a controversial case about the dismissal of employees of China Southern Airlines has attracted widespread attention in the society.
As a flight attendant, the flight attendant posted her underwear selfie on WeChat moments during her duty, and afterwards, the parties and the airline had their own words and took the airline to court.
What exactly is right in this conflict? #Headline Creation Challenge# #今日头条#
Aircraft delays
On a hot summer afternoon in Guangzhou, the sun is blazing, and Baiyun Airport is as busy as ever. At this moment, at the Southern Air Base, brand new flights are neatly parked on the tarmac, like eagles ready to rush into the blue sky.
Guo, a veteran purser, stood at the gate of the flight terminal, staring firmly ahead.
In his line of sight, the passenger plane about to fly to Shanghai has stopped on the runway, and the China Southern Airlines logo on the fuselage flashes in the sunlight, as if to tell the desire for a blue sky.
Today, she wears a dark blue uniform with a beautiful Southern Airlines badge pinned to her chest, and her image represents not only herself, but the image of China Southern Airlines as a whole.
She is well aware of her responsibilities, so she takes every detail seriously every time she performs a flight mission.
Guo is an experienced flight attendant who is prepared for all kinds of unexpected situations that may arise during the flight, so she is not too worried about the delay of this flight.
With thoughtful service, she cares about every passenger, and when passengers feel anxious due to flight delays, she always shows up to them, comforts them with warm words, and takes practical actions to help them.
Guo knows that every flight carries the trust of passengers and bears the heavy responsibility of safety, and it is no accident that Guo is loved by passengers and colleagues.
With her actions and conscientiousness, she has won everyone's respect and love. She regards work as her sacred mission and service as her core value, and her smile, like the spring sun, warms the heart of every passenger.
Moments upload intimate nude photos
However, an unexpected event changed her career. On that day, Guo fully demonstrated her professionalism and focus, and she carefully checked every job to fully prepare for the upcoming flight mission.
Due to air traffic restrictions, the departure of this flight was delayed by an hour.
When the flight was waiting for passengers to board, Guo seized the gap, she quietly walked to the toilet at the rear of the plane, gently closed the door, at this moment, she seemed to be isolated from the outside world, alone in the narrow space of the bathroom.
Looking at herself in the mirror, Guo felt an indescribable emotion surging in her chest, she suddenly took out her mobile phone, unbuttoned the first button of her uniform, tilted her body slightly, and a faint smile was drawn at the corner of her mouth. Under the capture of the camera, her beauty and sexiness are frozen at that moment.
After taking the photo, Guo posted the photo to the circle of friends with the text "Take advantage of the delay to go to the bathroom to try a new product: nudity." Experience: It's really the same as not wearing it, super invincible and comfortable.
I've been wearing naked kiss underwear for so long, so my chest shape has also increased. This nude, I wear a 75B. ”
At this moment, she suddenly heard footsteps outside and realized that she might have been too relaxed on the plane and lost track of time.
She quickly sorted herself out, left the bathroom, and returned to her job as a flight attendant. However, it was this photo that caused an uproar within Southern Airlines that no one expected.
A sudden notification
In the aftermath of the incident, the leadership of China Southern Airlines acted quickly and decisively. They believe that Guo's posting indecent photos on social media during his duty not only seriously damaged the company's image and reputation, but also violated the company's regulations.
Such behaviour has a very negative impact on the aviation industry and the public and must be dealt with seriously. According to the relevant regulations of the company, China Southern Airlines decided to fire Guo.
China Southern Airlines acted quickly, issued a notice of termination to Guo, and publicly stated that it clearly expressed the company's position and attitude.
In the energetic early morning, Guo suddenly received a termination contract from China Southern Airlines, and she looked at the notice of dismissal, and felt shocked and helpless for a while.
She could never have imagined that her years of dedication and hard work would yield such a result.
Appeal was filed because of dissatisfaction
In the past days, Guo's name has been known in all departments of the company, and her professionalism and rigorous work attitude are regarded as exemplary within the company.
At China Southern Airlines, she has witnessed the company's glorious history and experienced ups and downs, and she was convinced that as long as she persevered, she could continue to move forward steadily in this large enterprise. However, reality hit her hard.
Guo felt helpless because she knew that unemployment would make a huge difference in her life, and she began to think about how to deal with this sudden blow and what her future should be.
Guo believes that she has the right to express her personal opinions on private social platforms because this is her freedom of speech, and she firmly believes that her actions did not affect her work or damage the company's image.
Instead of immersing herself in sadness and helplessness, Guo decided to take action to get a glimmer of life for her career and future.
Dissatisfied with China Southern Airlines' decision, Guo decided to sue the company to protect his rights.
In court, Guo stressed that her behavior was not improper, she said that flight delays were a common situation, and that posting photos was only to share her personal life and express her helplessness about flight delays, and she did not use the photos to maliciously hype and did not affect her work.
The representative of China Southern Airlines presented the company's regulations, including dress codes and codes of conduct, clarifying the rules and standard operating procedures that air service providers should follow.
After careful debate and in-depth investigation, the court comprehensively evaluated Guo's behavior and relevant evidence, and found that China Southern Airlines' dismissal decision was reasonable and legal.
The court held that Guo's conduct did violate the company's rules and regulations and the relevant provisions of the Employment Contract Law. Therefore, the court finally made a judgment and agreed with China Southern Airlines' expulsion decision #Today's headline daily signature#
【Lawyer's statement】
As an employee, Guo should abide by the company's regulations and professional ethics to maintain the company's image and work order, and at the same time, she also has the right to express her emotions and attitudes, but needs to pay attention to the occasion and manner.
I. Does China Southern Airlines have the right to terminate the labor contract with Guo in this case?
According to the provisions of the Labor Contract Law, if the employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract, and the employee may terminate the labor contract under any of the following circumstances.
During the probationary period, it is proved that it does not meet the employment conditions; Serious violation of the rules and regulations of the employer; Serious dereliction of duty, malpractice for private gain, causing major damage to the employer.
The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the request of the employer.
The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; If the employee uses fraud, coercion or takes advantage of the danger of the employee to conclude or modify the labor contract contrary to the true intention, resulting in the invalidity of the labor contract, he shall be investigated for criminal liability according to law.
In this case, the airline arranged for the flight crew to take a "concentrated rest" on the flight due to flight delay, which was an internal management measure.
However, flight attendant Guo took photos of his underwear during the break and posted them on social media, which violated the company's rules and regulations, as well as professional ethics.
In the employment contract signed between the airline and Guo, it was clearly stipulated that flight attendants were not allowed to take photos on the plane and post them on social media.
Guo's behavior violated this provision, as well as the code of professional ethics. Therefore, the airline's termination of the employment contract with Guo is legal, and as the employer, China Southern Airlines has the right to take this action.
2. Should China Southern Airlines give Guo a reasonable notice period in this case?
According to the provisions of the Employment Contract Law, a reasonable notice period should be determined based on factors such as the duration of the employment contract, the content of the work and the length of service of the employee.
Generally speaking, the longer the term of the employment contract, the more important the work content, and the longer the employee's working years, the longer the reasonable notice period given by the employer.
Specifically, if the term of the labor contract is less than one year, the employer shall notify the employee one month in advance; If the term of the labor contract is more than one year but less than three years, the employer shall notify the employee two months in advance.
If the term of the labor contract is more than three years, the employer shall notify the employee three months in advance.
In this case, the airline did not give Guo enough time to notify him of the dismissal decision, which led to a dispute.
According to the Employment Contract Law, the airline must pay liquidated damages to Guo, and according to Guo's working years and the term of the employment contract, the airline should also give Guo a reasonable notice period of termination. If the airline fails to comply with these regulations, then it will be liable accordingly.
If the airline informs Guo in advance that the employment contract will be terminated, then he has enough time to plan his future career direction, thereby reducing personal losses. In the process of terminating the labor contract, the employer must comply with the relevant laws and regulations and give the employee an appropriate notice period.
III. In this case, Guo was terminated by the airline, should the court support Guo's claim?
Guo filed a lawsuit in court for being dismissed from China Southern Airlines, but the court ultimately upheld the airline's decision.
From a legal point of view, this judgment is reasonable, because the airline has the right to supervise the behavior of employees and punish them accordingly, and if the employee's behavior violates the company's regulations, the airline has the right to take appropriate measures.
Therefore, the court's decision did not violate the law, but recognized the legal rights of China Southern Airlines.
However, the case is somewhat controversial. To determine whether the airline should give Guo financial compensation, it is necessary to judge on a case-by-case basis.
If the airline can provide sufficient evidence to prove that the termination of the employment contract with Guo is legal, then the airline does not need to pay any financial compensation; If the airline cannot provide sufficient evidence to prove that the termination of the employment contract with Guo is legal, then the airline needs to pay economic compensation to Guo.
Compliance with professional ethics and codes of conduct is the obligation of every employee. Airlines focus on the professional growth and future of their employees and ensure that all employee behaviour is consistent with the company's values and standards.
In addition, we must respect the privacy and rights of others and refrain from any behavior that may violate professional ethics and codes of conduct during our work. #头条#
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【Disclaimer】The article case process and pictures are all from the Internet, and this article aims to popularize the law with cases, without vulgar and other bad guidance. If it involves copyright or character infringement in the case, please contact us in time, and we will delete the content! In particular, there are no fabrications in this article.