If it's time to take a break
Suddenly, I received a call from my boss asking for overtime
What will you do?
VS
Ms. Liu from Chongqing
That's what happened
After receiving an overtime call
Ms. Liu was dissatisfied
I posted a circle of friends
indication
"Closed on Saturdays and Sundays
No need to call me."
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And it is precisely because of this circle of friends
The company went so far as to fire Ms. Liu
What's going on?
A dispute caused by a circle of friends
The company said the action 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.
Ms. Liu believes that she has already negotiated with customers before, and there is no need to take up the weekend rest time to dock work.
Ms. Liu: At that time, I was a little emotionally unstable, so I sent a message to the circle of friends: Friends of the school, I don't go to work on Saturdays and Sundays, you can leave a message if you have anything.
After posting this circle of friends, Ms. Liu soon received a call from the company's leaders and was told that she would not be at work 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: If you calm down later, you will find that there was indeed a little impulse to send this message at that time, but from the perspective of the staff, even if this happens, you will not be directly fired. And it was originally written in the contract that I would have a day off on Saturday and Sunday, and I said that posting on Moments would have a little impact, but I didn't expect to be fired.
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 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.
The court ruled against the defendant company
More than 49,000 yuan was paid 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 49,000 yuan 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.
Overtime is an unavoidable situation for every employee, and it is also the obligation of the employer to give corresponding remuneration or compensation in accordance with the relevant provisions of the Labor Law.
In this case, although Ms. Liu's way of posting to 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 procedure, and at the same time, it should also strengthen the humanistic care for employees.
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-END-
Edit | Lao Ziyin
校对 | 李霞、魏鼎、王建交
Proofreading | Yang Sha
Executive Producer | Weekly
Source of information | CCTV News, Rule of Law Daily