Source: Cover News, Comprehensive CCTV News, CCTV Network
What would you do if you suddenly received a call from your boss asking you to work overtime during your weekend break?
Ms. Liu from Chongqing encountered such a situation, after receiving the call, she was dissatisfied, and posted a circle of friends saying, "If you don't go to work on weekends, no one should look for me." ”
And it was precisely because of this circle of friends that Ms. Liu was fired.
The woman posted on Moments and refused to work overtime and was fired
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. Ms. Liu believes that she has already negotiated with the client before, and there is no need to take up the weekend rest time to dock work.
At that time, Ms. Liu was a little emotional, and immediately posted a 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 sending it, Ms. Liu quickly received a call from the company's leader, asking her not to use it next Monday.
Two days later, Ms. Liu received a notice from the company that the remarks she posted on Moments violated the company's rules and regulations, affected the team atmosphere, damaged the company's image, and caused a serious negative impact on the company, so she had to terminate the labor contract with Ms. Liu.
The company refused to compensate according to the labor contract
Sued in court
After communicating with the company, Ms. Liu 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 to the 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 method.
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 explained that Ms. Liu's behavior in this case was not only not conducive to resolving the conflict, but could lead to new disputes, which was not advocated. But judging from the content of Ms. Liu's circle of friends, her behavior did not reach the level of serious violations of rules and regulations. The company argued that its rules and regulations were made by the company's management and did not demonstrate a basis for being established through 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 decided:
The company paid more than 49,000 yuan in compensation
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.