At the end of December 2022, Ms. Peng was sick and the company did not agree to apply for a leave of absence, and finally she resigned from the company on December 29, but the company refused to pay her year-end bonus on the grounds that "there is still one day left to count the full attendance of the whole year".
After Ms. Peng's experience was exposed, she received universal sympathy, and everyone complained that the company involved was unkind and had no bottom line in squeezing employees.
Fortunately, Ms. Peng's claim was finally supported by the law, and the court ruled that the company should pay Ms. Peng a year-end bonus. Such a result is very satisfying and firmly defends the legitimate rights and interests of workers.
In this dispute, Ms. Peng was not at fault from beginning to end, and the company "deducted" the year-end bonus she deserved on the grounds of insufficient attendance, which was untenable in emotion, reason, and law.
Ms. Peng chose to resign at the end of the year because her application for compensatory leave was rejected after she fell ill, and she was unable to continue working. Before leaving, she had been working sick for several days in a row, working hard and complaining, and she was not absent from work without saying hello from beginning to end.
The Labor Law clearly stipulates that employees have the "right to rest and vacation", and the employer shall ensure that employees enjoy labor rights and fulfill labor obligations in accordance with the law.
The basic right to rest and leave is not guaranteed, and the employee is unbearable and leaves the company, which is the company's fault in the first place. Ms. Peng's failure to achieve full attendance was the result of the employer's violation of the Labor Law and other laws and regulations, and the infringement of the legitimate rights and interests of employees. The company's refusal to issue the year-end bonus is undoubtedly a mistake on top of a mistake.
Normally, if employees are not allowed to take sick leave, the company should compensate, not the other way around, regard "forcing away" employees as the fault of the employee, and use this as a reason to refuse to pay the year-end bonus.
Whether it is refusing to allow employees to take sick leave or refusing to pay year-end bonuses, in the final analysis, the company involved is still trying to maximize benefits in order to save employment costs. This kind of mercenary, cold-blooded operation is itself suspected of forced labor, disregarding the physical and mental health of employees, and blatantly ignoring laws and regulations.
The court's judgment mentioned that "rules and regulations cannot be implemented mechanically and rigidly and inflexibly", which is actually a basic common sense once again reaffirmed that the right of workers to rest and vacation is protected by law, and no reward and punishment mechanism, rules and regulations of enterprises can be overridden by the law.
Normal labor-management relations are based on mutual respect. Only when the employer actively protects the legitimate rights and interests of employees and implements the right to rest and vacation, can employees have the motivation to dedicate themselves to their work, actively obey the management, and ultimately achieve a win-win situation.
Like the company involved in this incident, it originally thought that it had saved an expense, but in fact, the year-end bonus that should have been paid had to be paid, and in the face of employee resignation, it had to bear the cost of re-recruiting and losing reputation, which undoubtedly outweighed the loss.
The court's decision in favor of Ms. Peng is not only a correction to the companies involved, but also a wake-up call to the majority of enterprises. Lacking the most basic protection of workers' rights and interests, and relying on a strong position to oppress workers, they have to bear the adverse consequences of violating the law.
At the same time, Ms. Peng's successful rights protection also provides a model for the majority of "migrant workers". In the workplace, when workers are treated unfairly and their legal rights are not guaranteed, they must resolutely take up legal weapons to defend their rights in accordance with the law.
Source: CCTV
Editor: Jinping County Rong Media Center
"Jinping News" broadcast time: Premiere: Monday, Wednesday, Friday (20:00)
Replay: 08:00 12:30 17:00 20:00 22:30 the next day
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