If the weekend is off
Suddenly, I received a call from my boss asking for overtime
What will you do?
Ms. Liu from Chongqing
posted a circle of friends
"If you don't go to work on weekends, don't look for me"
I didn't expect it to be because of this circle of friends
Ms. Liu was fired
Posted on Moments and was fired for refusing to work overtime
Ms. Liu is an employee of an education and training company in Chongqing. One Friday night, Ms. Liu suddenly received a call from the company's leaders, 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 the weekend rest time to dock work.
Ms. Liu said that she was a little emotionally unstable at that time, and then posted a message on the circle of friends, "Partners, 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 soon received a call from the company's leader, "The leader told me that you won't 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 thinks
Feel calm down yourself
It's a bit impulsive to send this message
But from the staff's point of view
Even if that happens
Nor will they be outright expelled
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 court of first instance ruled that:
The company compensated more than 49,000 yuan
Lin Baozhen, Vice President of the Third Civil Division of the People's Court of Jiulongpo District, Chongqing: The employer's exercise of the right to terminate is a very severe punishment. The Labor Contract Law also imposes strict restrictions on the employer's exercise of the right of unilateral termination, and the rules and regulations based on which they are based must be formulated in accordance with the law, and notified or publicized through democratic procedures, and the employees 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, Vice President of the Third Civil Division of the Jiulongpo District People's Court of Chongqing Municipality: Liu's behavior in this case is not only not conducive to resolving the conflict, but may lead to new disputes, and this practice is not advocated. Judging from the content of 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 made 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.
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.
Judge Lin Baozhen 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 an employer, it should also reasonably exercise its own employment management rights in order to ensure the sustainable and healthy development of the enterprise. ”
In this case, although Ms. Liu's way of posting on Moments to express that she did not want to work overtime was inappropriate, the court's judgment also reminded the employer that when formulating rules and regulations, it must pay attention to the legality and democracy of the procedures, and at the same time, it should also strengthen the humanistic care for employees.
Shanghai News Broadcasting is synthesized from CCTV News
Editor: Chen Li
Editor in charge: Rose Sand