Employees were expelled due to violations of the rules and regulations, requiring compensation for nearly 60,000 yuan.Why do you judge this?

Each unit has rules and regulations, as employees obliged to comply with relevant rules and regulations. In a case tried by the Nanjing Xuanwu Court, it was determined that the company should pay compensation on the grounds that the employee seriously violated the rules and regulations to terminate the law of the labor contract. Why does the court make such a judgment and what are the provisions of employees that violate it?

According to the case disclosed by the Nanjing Intermediate People's Court, Zhang went to a company to engage in security work in 2013, and the last labor contract was ended on June 30, 2021. On February 10, 2021, when Zhang's official retirement was less than half a year before Zhang, a company left the post, sleep, tolerate strangers to chat with strangers during the duty, and went late to leave early. Founded Zhang. Zhang did not accept the company's removal decision, and on the grounds of the company's illegal termination, he filed labor arbitration to the Labor Arbitration Commission and asked the company to pay 57,000 yuan in compensation for illegal termination of the labor contract. Later, the Labor Arbitration Commission rejected Zhang's arbitration request on the grounds that Zhang had insufficient evidence. Zhang did not accept the arbitration decision and filed a lawsuit in the court.

In order to prove that Zhang had a serious violation of the rules and regulations of the unit, the company made the decision on the decision. A company issued a handling report and a video signed by Zhang himself to the court to prove that Zhang had a chat with others during work. , Out off, sleeping, and other violations of rules and regulations.

Zhang said that if he did not sign the penalty report, the company would not let the attendance attendance, and it would be fired on the grounds of absenteeism. The so -called unauthorized leave, chatting, and sleeping are not real. From the duty room to the washing hands, there are two buildings. It takes 10 minutes to go back and forth. It may be just not at the time of inspection. Answer to the owner and visitor's inquiry. This is the work responsibility of the security guard, not a chat. The video of Zhang Mou's sleep was just a screenshot, not a complete video. At that time, Zhang did not sleep.

Photo source: Photo Network-500264911

According to the trial, the court believes that a company's illegal termination of labor contracts shall pay Zhang Mou compensation.

1. The rules and regulations are formulated without democratic procedures. The "Security Management Regulations and Regulations" formulated by a company includes the content of direct dismissal of employees, which belongs to the situation involving the vital interests of the workers. After democratic procedures, it is determined that it cannot be negotiated with employee representatives or unions that it cannot be used as a basis for the people's court to hear labor disputes.

2. The record of violations is not clear. In the facts of the facts, the record of three employees' handling reports is not clear, and the duty room is equipped with monitoring. The defendant has the ability to fix evidence in time. Whether there is an outbound or chatting with others, you can find out.

3. The defendant's proof cannot be able to bear the adverse consequences that cannot be proof. The defendant's management monitoring, closest to the evidence, should have unfavorable consequences because the defendant failed to retain the surveillance video.

4. Job duties should not exceed reasonable regulatory requirements. In terms of content stipulated, the employer shall formulate relevant rules and regulations in accordance with the needs of workers' position responsibilities. The severity of the disciplinary behavior is different due to the different production content, business scope, and duties of workers' positions. Determine whether the behavior of the workers is seriously violated, and should be judged rationally in conjunction with the industry characteristics of the employer and the specific jobs of the workers. The situation of judging the situation of the work should make reasonable and necessary restrictions. It should be listened to the opinions of employees, and refer to industry rules to formulate through democratic procedures. A community security guard, when working in the duty room, "not allowed to play, sleep, chat, read books, read newspapers, listen to radios, play mobile phones, etc.", also added a "equal" word. On the surface, many reasons for the company to dismiss employees. In fact, there are many "pits" in it. It was thought that it was lifted in accordance with the rules, but it may be identified by the arbitration agency or court as illegal lifting. For the security guards with a monthly salary of more than 3,000 yuan, twice "beating" can be dismissed without admonition. Such regulations are too harsh to workers.

In summary, the defendant's illegal termination of the labor contract shall pay the plaintiff 57,000 yuan to the plaintiff.

Judge said:

1. What should be paid attention to if the employer formulates rules and regulations?

First, in terms of entity, first of all, the content of the rules and regulations formulated by the employer must comply with the provisions of laws and regulations. Secondly, a rational judgment should be made in conjunction with the industry characteristics of the employer and the specific jobs of workers. For example, smoking in the workplace may constitute a serious violation of discipline, and this may not be the case in other units. Another example is the passenger transport industry, and the driver's illegal contact contacted, which may constitute a serious violation of discipline, and may not be the case in other occupations.

The second is that in terms of procedures, if the regulations of the employer directly involve the vital interests of the workers, the following three procedures shall be abide by the following: First, it shall be discussed by the employee congress or all employees, propose plans and opinions, and equal negotiation with the union or employee representatives. The second is that during the implementation of the rules and regulations, the employer should respect the opinions made by the trade union and the workers, and make amendments to improve it through negotiation; the third is that the rules and regulations directly involved in the vital interests of the workers should publicize or inform the workers. If the employee representative meeting discusses the discussion, refuses to negotiate equally with the union or the staff representatives, and does not publicize or notify the workers, the rules and regulations formulated are illegal and invalid.

2. Zhang has signed the penalty report and acknowledged that he had violated discipline such as gossiping, dismissal and chatting, and outbound post.

The court found that Zhang's work location was fixed. In the duty room of the unit, the duty room was monitored. As long as the unit preserved the fixed evidence, it was easy to prove that Zhang had chatting with others and losing posts. Zhang said that he was called out of the toilet. As long as he found the surveillance video, and see if Zhang's position was exceeded of a reasonable time limit, he could be verified. However, the unit believes that Zhang has signed the penalty report and has sufficient evidence. This view is biased. For workers who have a low level of culture and weak self -protection, employers should also have evidence at the same time, such as the surveillance video of this case. At the same time, in this case, the penalty report of the employer is also irregular. For example, only the specific start and end time of Zhang's outbound post and the unscrupulous outbound post. During the trial, when Zhang argued that when he went to the toilet briefly, the unit faced a passive situation.

3. What lessons should employers learn?

Employers should strengthen compliance management, learn the law and law. The rules and regulations of the defendant's company are approved by the work meeting of personnel at or above the company level. It is formulated in accordance with the law without democratic procedures. This is an error that employers should not occur. The company's department manager signed an opinion on the penalty report, stating that Zhang was responsible for the dismissal. Maybe the manager believes that the evidence is sufficient, and there is no legal risk for removal. However, from the perspective of the previous analysis, the procedures and content of the company's rules and regulations have obvious flaws, and the surveillance video has not been fixed in time, and Zhang is about to retire. Its legal awareness is weak. Generally speaking, in order to avoid double compensation for illegal lifting, employers will not easily dismiss employees. Once improperly dismisses, it is also easy to cause employees to cause permanent trauma.

It is necessary for employers to strengthen management. It is an indispensable guarantee for its production and operation activities, but we hope that the management of the employer should be within the scope of the rule of law and to ensure that workers enjoy labor rights and normal performance of labor obligations. Essence Too rigorous, exceeding the necessary and reasonable rules and regulations may be identified by the court because of its illegal content.

Daily Economic News Comprehensive Nanjing Intermediate People's Court

Daily Economic News

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