What would you do if you suddenly received a call from your boss asking you to work overtime during your weekend break?
Previously, Ms. Liu from Chongqing was resting at home on the weekend but suddenly received a call from the company asking her to work overtime. Ms. Liu was dissatisfied and posted a circle of friends, saying "I have a rest on Saturday and Sunday, so you don't need to call me." And it was because of this circle of friends that Ms. Liu was fired by the company. What's going on?
Posted on Moments and was fired for refusing to work overtime
The company alleges that the employee's actions violated the relevant regulations
Ms. Liu, an employee of an education and training company in Chongqing, suddenly received a call from the company's leaders one Friday night, asking her to connect with customers immediately, and Ms. Liu thought that she had already negotiated with customers before, and there was no need to take up her weekend break to do work.
Ms. Liu: At that time, I was a little emotionally unstable, and I posted a message in the circle of friends: "Leaders, I don't go to work on Saturdays and Sundays, if there is anything, you can leave a message at that time." ”
After posting this circle of friends, Ms. Liu received a call from the company's leader and told her that she would not use it next Monday. Two days later, Ms. Liu received a notice from the company that she would terminate the employment contract with Ms. Liu because the remarks she posted on Moments violated the company's rules and regulations, affected the team atmosphere, damaged the company's image, and had a serious negative impact on the company.
Ms. Liu said that when she came to Japan on Saturday and Sunday, it was written in the contract that she would take a break, and her own circle of friends would have a little impact, but she would not be expelled.
The company refused to compensate according to the labor contract
Sued in court
After Ms. Liu communicated with the company, she demanded compensation in accordance with the employment contract, but the company believed that Ms. Liu was at fault and rejected her request. After a local labor arbitration and mediation failed, Ms. Liu sued the company in court and demanded that the company pay compensation.
The Jiulongpo District People's Court of Chongqing Municipality accepted the case, and Lin Baozhen, vice president of the Third Civil Division, said that the employer's exercise of the right to terminate is a very severe punishment.
The Labor Contract Law imposes strict restrictions on the employer's exercise of the right of unilateral termination, and the rules and regulations based on which the employer is based must be formulated lawfully, and the employee must be notified or publicized through democratic procedures, and the employee must be organized to study.
The employee's behavior must reach the level of a serious violation of the rules and regulations before the dismissal can be made.
After trial, the court held that although Ms. Liu's conduct was improper, it could not be seen that it had caused a serious impact on the company, and did not reach the level of passive sabotage, dereliction of duty, and disobedience to management and work arrangements. Lin Baozhen said:
In this case, Liu's behavior is not only not conducive to resolving the conflict, but may lead to new disputes, which is not advocated. Judging from the content of Liu's circle of friends, her behavior actually did not reach the level of serious violation of rules and regulations.
The company believes that the rules and regulations were formulated by the company's management, and there is no basis for the establishment of democratic procedures.
In summary, the court held that the termination of the employment contract on this basis lacked factual and legal basis and constituted illegal termination.
The court ruled against the defendant company
More than 49,000 yuan in compensation was paid
In accordance with the relevant provisions of the Labor Contract Law, the court finally ruled that the defendant company should pay the plaintiff, Ms. Liu, more than RMB 49,000 in compensation for illegally terminating the labor contract. After the first-instance judgment, neither party appealed, and the judgment has taken legal effect. Due to the company's failure to fulfill its payment obligations, Ms. Liu has applied to the court for compulsory enforcement.
The judge said that with the rapid development of the economy, how to balance the pursuit of the employment management right of enterprises and the protection of the legitimate rights and interests of workers has put forward higher requirements for modern enterprises.
As a worker, you should express your demands in a reasonable way and protect your rights through legal channels.
As an employer, it should also reasonably exercise its own employment management rights in order to ensure the sustainable and healthy development of the enterprise.
Source: CCTV News