However, in practice, some workers still leave their jobs and hold a grudge against their units. They not only refused to hand over the work, but also deleted their own documents, which affected the operation of the unit.
This situation is caused by labor disputes, but actually it does not belong to the category of labor disputes. The employing unit may directly bring a lawsuit to the court for compensation. If the circumstances are serious, the laborer may be detained or even sentenced.
2065438+In August 2008, Xu went to a company to interview designers. During the interview, Xu showed several satisfactory works to the company, and the interviewer was very satisfied to let her go to work in the company the next day.
Xu reported to the company the next day and submitted a design work to the manager. Originally, she thought the work was not bad, but she was mercilessly ridiculed by the manager, saying that something like her could also be called design, and she also suspected that the work she interviewed was plagiarized.
Where will the post-90s Xu Can be wronged like this? After a big quarrel with the manager, he resigned and went home.
After returning home, Xu was still unconvinced. He logged into the backstage of the company's online store, and modified and deleted the contents, products and pictures of the home page of the company's online store.
This behavior of Xu has had a serious impact on the company's operation. After spending 30,000 yuan to repair the online shop, the company sued Xu to the court.
In the end, the court found that Xu's behavior had violated Article 276 of the Criminal Law, which constituted the crime of undermining production and operation, and sentenced Xu to six months' imprisonment and suspended for one year.
In practical work, many new employees have been ridiculed or bullied by old employees. But if employees are wronged and use this irrational behavior to vent their anger, the consequences can only be borne by themselves.
There was a labor dispute with the company, and the court awarded the employee compensation of 9200 yuan for deleting files.
Qiu is the business manager of the sales department of a company. On October 20 1 165438 10, she negotiated with the company to terminate the labor contract, and the company paid her economic compensation. When leaving his job, Qiu handed over his job, but did not hand over the computer password and the information inside.
After that, the company repeatedly asked Qiu to hand over the data files in the computer through WeChat and telephone, but they were all rejected.
The communication failed, and the company sent a lawyer's letter to Ms. Qiu, asking to unlock the computer and hand over the information. Qiu applied for labor arbitration because the salary company didn't pay it in the last half month.
After receiving the notice of arbitration, the company filed a counterclaim, demanding Qiu to deliver the computer password and documents or bear the maintenance cost of cracking the password and repairing the documents.
In the end, the arbitration commission ruled that the company paid Qiu labor remuneration, and the counterclaim filed by the company was not supported because the maintenance cost had not yet occurred.
Later, the company entrusted a professional company to crack the computer password and recover the files, which cost 9,200 yuan, and then sued Qiu to bear the expenses.
The court held that the handover of work should follow the principle of good faith. Although Qiu had handover matters when he left his job, the company later found out that he had set a password, and his repeated requests for information were still rejected. Before leaving his job, Qiu deleted the information in the computer, which had a certain impact on the company's operation.
The company entrusts a professional company to unlock and recover the hard disk data, and the maintenance expenses incurred shall be borne by Qiu. Although Qiu advocated that it didn't cost 9,200 yuan to crack passwords and repair files, he failed to provide sufficient evidence to refute it, so the court refused to accept it.
In the end, the court ruled that Qiu paid the company a maintenance fee of 9200 yuan.
It can be seen that even if there is a labor dispute between the two parties, the employee still needs to hand over the work, refuses to hand over or maliciously deletes the documents and materials, thus causing losses to the unit, and the unit can claim compensation.
As for the amount of loss caused to the unit by employees deleting files, the unit should provide evidence.
However, if the employee deletes the company's documents during the employment process, the unit cannot ask the employee to bear all the losses without subjective malice.