The technical director with a monthly salary of 60,000 yuan joined the company for a year and a half, and was suddenly fired by the company on the grounds of being late 98 times, which had never been prompted before. The company has no obligation or energy to inform employees when they violate discipline, and the court: it is an illegal termination of the labor contract and compensation of 180,000 yuan! In May 2021, Wang, a programmer in his 40s, joined a computer technology company as the technical director of the team, and signed a 3-year labor contract with a monthly salary of more than 60,000 yuan.
At the end of 2022, the company suddenly proposed to terminate the labor relationship without compensation on the grounds that it was late for 98 times, and the company called the attendance management measures, stipulating that the working hours are 8:30 -17:30, and the actual working hours are 9 to 6 in the morning, and said that the company has no obligation or energy to inform employees when they violate discipline, but it does not mean that it has given up the right to punish employees! Mr. Wang said that the company had never informed him of the so-called attendance management measures, nor did it explicitly require a fixed clock-in and clock-out time, that his actual working hours exceeded the company's stated 9-to-6 hours, and that his clock-in and clock-out times were similar to those of other members of the team, and that no one else had their wages deducted or terminated for being late.
The Beijing Dongcheng People's Court held that the company had not adduced evidence to prove that the work system of going to work at 9 o'clock in the morning had clearly served or informed Wang, that Wang was late and that the company had never fulfilled its obligation to inform, and that the termination of the labor relationship on the grounds of being late for 98 times was an illegal termination of the labor relationship. In the end, the court ordered the company to pay Wang more than 166,000 yuan in compensation for illegally terminating the labor contract and more than 15,000 yuan in unused annual leave wages.
There is another way, the original company wants to lay off old employees and does not want to pay high severance pay, so it specifically finds a headhunter to poach people with high salaries to another, and then the other company finds a reason to dismiss the severance pay soon after joining the company. However, compared to this method, it is obvious that the direct dismissal loses less money, and this company is also smart, only saying that it is late, not saying that it leaves early, this is the art of voice!