The netizen's original words mean:
In fact, there are not a few employees who have this idea, let alone employees. Many small and medium-sized companies also want to look at the code written by the interviewer at home! As far as I know, whether it is a big factory or a small factory, there are always cases where employees leave their jobs and take away some codes and ppt.
Today, we use a case of Didi to see if there is any problem in taking away the company's code and PPT. What responsibility will you bear in law?
Wang X. Beijing Didi Payment Technology Co., Ltd. (hereinafter referred to as Didi Payment Company) and Beijing Didi Unlimited Technology Development Co., Ltd. (hereinafter referred to as Didi Unlimited Company) refused to accept the civil judgment of Beijing Haidian District People's Court and appealed to Beijing No.1 Intermediate People's Court. The case is now closed.
By the way, the first trial of the case was not made public, and the miracle of the second trial happened, and it was all made public!
The facts and reasons of Wang Nan's appeal:
I. If Didi Payment Company terminates the labor contract illegally, it shall pay compensation for the illegal termination of the labor contract.
1. Wang X uses a USB flash drive issued by Didi Payment Company. It is the company's responsibility not to encrypt the USB flash drive, and all employees of Didi Payment Company use unencrypted USB flash drives or personal USB flash drives to work.
2. Even if the USB flash drive was identified as Wang X's personal belongings and was used by Wang X during work, the system of Didi Payment Company never gave an alarm prompt, and Didi Payment Company did not raise any objection to Wang X's own use of the USB flash drive. On October 20 19122 19, when Wang x went to Didi payment company to sign the negotiation dissolution agreement, he used a USB flash drive for handover. On that day, Didi Payment Company didn't prompt the system to call the police. Two days later, he said that the system alarm cooperated with the company's investigation, which obviously showed that Didi Payment Company was intentional.
3. Wang X has no high-voltage line policy. I didn't embezzle or misappropriate the company's assets. After I left Didi Payment Company, I didn't do anything related to my original job. The data in the USB flash drive is meaningless to me, so there is obviously no intentional occupation or misappropriation subjectively. After the USB flash drive was returned, Didi Payment Company has changed the files inside.
Due to the inconsistent statements in the video, the court of first instance found that there was a problem of good faith, and it was obviously inappropriate to take the problem of good faith as the basis of judgment.
Second, the part about overtime pay.
Submit screenshots of Didi Payment Company system and nail screenshots. The data are all displayed in the system of Didi Payment Company, and there is no false problem in the evidence. Overtime must be submitted for approval, which is obviously the self-explanation of the overtime terms by Didi Payment Company. Overtime should be based on the specific working hours and clock-in records, not on the premise of obtaining approval. Overtime is a natural behavior, and application is not a necessary condition for overtime. Employees of Didi Payment Company generally do not apply for overtime, and submitting overtime applications obviously violates the normal procedures of all work.
Didi Payment disagrees with Wang X's appeal request and reasons:
On 20 19, 19122, Wang x made a major violation by copying the data of Didi payment company with a personal USB flash drive, which seriously violated the provisions of the labor contract, confidentiality agreement, employee handbook and high-voltage line policy signed with Didi payment company, and Didi payment company dissolved the labor contract in Wang Nan according to law.
The USB flash drive is Wang X's personal USB flash drive, not office equipment. As an employee of Didi Payment Company, Wang X shall not possess or use it. There are also clear provisions in the employee handbook and high-voltage line policy of Didi Payment Company. As long as Wang X copies illegally, Didi Payment Company has the right to terminate the labor contract with Wang X without paying economic compensation.
Wang X knows the regulations of Didi Payment Company. Didi Payment Company informed Wang X of the learning and signing address of rules and regulations in relevant agreements and emails. Wang X has the conditions to study the rules and regulations, and if he violates them, he will bear the corresponding legal consequences. Wang X's behavior seriously violated the rules and regulations of Didi Payment Company. Didi payment company has strict regulations on confidentiality and information security, and no exceptions are allowed. Didi payment company cannot tolerate information security leakage.
The labor contract of both parties states that overtime needs personal approval, and Didi Payment Company implements overtime approval system. Personal initiative to work overtime without approval is not an overtime act. The authenticity of the evidence source of Wang X's overtime work cannot be confirmed. Even if it is true, it is not overtime arranged by Didi Payment Company. It belongs to Wang X's communication at work, does not recognize Wang X's overtime behavior, and should not pay overtime wages.
The court found the facts:
Before the change, the name of Didi Payment Company was Beijing Yijiufu Payment Technology Co., Ltd., and Wang X joined Didi Unlimited Company on March 6, 20 1812 65438. On February 0, 2008, Wang X, Didi Unlimited Company and Didi Payment Company reached a tripartite agreement to transfer their labor relations from Didi Unlimited Company to Didi Payment Company.
On 20 19, 19122, Didi payment company issued the agreement on the dissolution of labor contract negotiation to Wang Nan, which stated: "Party A is Didi payment company, Party B is Wang X, and both parties signed the agreement on 20165438.
Wang X signed the agreement at the signature confirmation office of Party B on 2019122 October, but Didi Payment Company failed to sign at the signature confirmation office.
20 19 10 year122 October, Wang x used a USB flash drive with the logo of Didi payment company to copy the corresponding information from his work computer. On October 7th, 2065438+09165438/KLOC-0, Didi Payment Company issued a notice to Wang X to dissolve the labor contract, which said, "Wang X: We regret to inform you that during your resignation, you transferred a large number of documents involving the company's business secrets to your personal USB flash drive. The company has decided to terminate the labor contract with you on the date of 20 19 1 1.7, and the company's options are withdrawn (if any). Your salary and welfare benefits are also settled to the dissolution date, and your unpaid statutory annual leave is 0 days and the welfare annual leave is 0 days. " The signing information of Wang X is not shown in the Labor Contract Cancellation Letter.
Wang X claimed that Didi Payment Company unilaterally terminated the labor contract on October 7, 2019165438+10 without any economic compensation, and accordingly requested Didi Payment Company to pay compensation for Wang X's illegal termination of the labor contract. HR, the department of Didi Payment Company, gave Wang Nan a low score without justifiable reasons, and induced Wang X to sign an agreement to terminate the labor relationship through negotiation. 20 19, 19122 October, Wang x used the company's USB flash drive to copy the materials after signing an agreement to dissolve the labor relationship. 1October 23rd 10, Wang X also communicated with HR Zhang of Didi Payment Company about the department changes.
1October 24th 10, HR informed Wang X to let him cooperate with the company to investigate the copying of data with a USB flash drive. The data copy time, system alarm time and investigation time are three days apart, and the event time is discontinuous. Didi Payment Company did not investigate the copy time at the first time. On June 25th, 10/0 returned the USB flash drive issued by the company, and Didi Payment Company has recovered Wang X's work computer. After personal safety was threatened in the communication process, the police called the police, and the police went to the scene to mediate and clearly pointed out that Didi Payment Company should not detain any employees and their personal belongings, and there should be no conflict or property damage, which proved that the USB flash drive was issued by Didi Payment Company, and that Wang X's possession of the USB flash drive of Didi Payment Company did not violate the confidentiality agreement between the two companies.
To this end, Wang X submitted the following evidence to prove it:
1. Recording of the conversation, that is, the recording of Wang X and Didi Payment Company Liu, Gao Mou 1, Gao Mou 2, etc. The content shows that Wang X communicated with the interlocutor about the results of performance appraisal and Wang X's resignation.
2. Screenshot of D-chat between Wang X and Gao Mou 1 and Zhang Mou of HR Department, showing that the two parties communicated and signed an agreement on Wang X's job-hopping;
3. The police station received a report receipt, showing that Shangdi police station issued a report receipt to Wang X on October 9, 2019165438+/kloc-0;
4. screenshot of Wang x and Zhang 2065438+200965438+1D-chat on October 24th, showing the following conversation:
Zhang: Regarding telephone communication, the company system warned you not to copy files from your work computer. Now the relevant departments have stopped your resignation procedure. Please bring the copied mobile device to the 4th floor of Digital Valley 1 Building (Didi Mansion) at tomorrow (65438+1October 25th) 10: 30 to cooperate with the equipment inspection. Please don't do anything until then.
Wang X: Yes, then I won't leave my job here and cooperate with the company's equipment testing. Do not agree to negotiate with the company to leave voluntarily and explain everything clearly ...;
5. The record of D-chat between Wang X and Zhang on October 28th, 2029/kloc-0 shows the following conversation:
Wang: Hello, Zhang. I want to confirm whether I will come to the company before165438+1October 30th. My computer was taken away, and the USB flash drive issued by the company was also taken away. Do I need to work in a company? Colleagues who care about employees said that they didn't need to go to the company before. Please confirm the result. Thank you.
Zhang: Hello, Wang X! Please submit the annual leave normally and complete the annual leave cleaning. If you need to go back to the company, the company will inform you by phone /D-chat. thank you
Wang: Hello, Zhang! I have signed a negotiated resignation agreement. I communicated before,165438+1October 30th is my resignation date. The company will compensate according to the agreement, and I will clean up the annual leave before that. I have cooperated with the company's investigation and feedback, and confirmed with Gao 1 and HR Care Group that the computer and company USB flash drive have been handed over to the company. There is no need to work in the company at present. If there are any questions, I can confirm with Gao 1. Please let me know in time if I need to go back to the company. Thank you. Please coordinate the process of signing the compensation agreement. Please let me know in time if there is any change.
6. The D-chat record of Wang X and Liu Moumou shows that:
"Liu Moumou: Hello, your online resignation approval has been completed, and you need to go to the employee service hall to go through the offline resignation procedures (submit assets such as work cards and computers, and verify safety information, etc.). ) The afternoon of the last working day. If you can't complete the resignation procedure on time, your salary will be affected If you have left your job before the last working day, it is not convenient for you to go through the formalities on the spot. Please send an email to XXX mailbox to ask for assistance in leaving the company. Thank you. Contact information of staff service hall: Floor XXX, Building B 1, Didi Building, Shandong Digital Valley, No.8 Dongbeiwang Road, Haidian District, Beijing [Staff Service Hall -EEC].
Wang X: Hello, when was the last time I resigned? Negotiate with the company when the resignation agreement will be returned to me. Liu Moumou: Sorry, your resignation date hasn't arrived yet, just wait for the follow-up notice. It also shows that the two sides have communicated on the issue of Wang X's work permit;
7. The recording of Wang X and Cai Mou shows that the two sides have communicated on Wang X's performance rating, annual leave, copying files with U disk, etc.
8. The recordings of Wang X and Jianrui, Huang Moumou, Liu 1, Zhang and Ge Mou show that there is a dispute about whether Wang X's use of U disk to copy materials violates the provisions of the Employee Manual;
9. Agreement on Confidentiality, Ownership of Intellectual Property, Anti-commercial Bribery and Non-competition signed by Didi Payment Company, Didi Unlimited Company and Wang X respectively.
Didi Payment Company recognized the authenticity of the above evidence, but claimed that the company did not induce or force Wang X to leave, which only proved that there was communication between the two parties and no agreement was reached in the end.
To this end, Didi Payment Company submitted the following evidence to prove it:
1. Labor contract signed by Wang X with Didi Unlimited Company and Didi Payment Company.
2. Honesty &; Honesty and self-discipline agreement
3. Agreement on Confidentiality, Ownership of Intellectual Property, Anti-commercial Bribery and Non-competition signed by Wang X with Didi Payment Company and Didi Unlimited Company.
4. Employee confirmation letter
5. The company's main system of publicity and sign for the announcement,
6. Screenshot of employee system
7. Wang X's asset outbound order, including the brand model and quantity of IT assets collected by Wang X;
8. Video of Wang X talking with the Risk Control Compliance Department. Content display:
Wang X's conversation with Didi Payment Company Bai Moumou, Ge Mou, Gao Mou 1, 2 and others. It shows that all parties have communicated and argued about Wang X's behavior of copying documents with U disk. In the conversation that lasted for more than three hours, Wang X initially told Bai Moumou that after copying, he put the U disk in the drawer of the workstation, and did not take it out of the company, but took it from the drawer at around ten o'clock. Brother Hou questioned the modification time of USB flash drive. "I want to ask, if the USB flash drive didn't come out, why was it modified at 1 1 or 10: 43 yesterday afternoon?" Immediately after questioning whether Wang X took the USB flash drive out of the company, Wang X admitted to taking the USB flash drive home on the first day.
Moreover, in the video, Bai Moumou, Ge Mou, 2 and Wang X have the following conversations:
Bai Moumou: "So we asked you, why did you put so many files, including so many mobile phone numbers, totaling nearly 1000?" In recent years, the monitoring of users' personal privacy and overall business secrets in our Internet industry is relatively strict, including our own supervision. Then we also copied so much data for the requirements of employees, whether for handover or for our own study, which actually does not meet the company's regulations on workflow. If you want to study or do other things, you won't be warned if you don't copy C4 data. After all, you are also a product, and you know it very well. "
Wang x replied "hmm";
Bai Moumou: "Well, this form is the file name of our system warning." Although there are more than 20 pages, you can have a look. To be honest, we also consider the industry you work in and the content of your own documents, so some of them contain our information-level data. So I called you back urgently last night. "
Wang X: "No problem";
Bai Moumou: "Our own process is the same. We give priority to deleting C4 and C3 data. We need to disclose some names that we are not sure about. If it's your own, keep it. This is no problem. "
Ge Mou: "This is also C4, and this is also ...".
Wang X: "I didn't copy this."
Ge showed the computer and said, "No, it's in your USB flash drive. It's on your USB flash drive. "
Wang X: "Ah? Really? "
Ge Mou: "It's from your USB flash drive".
Wang X: "Then you can delete it";
Bai Moumou: "You wanted to make a backup of a file, didn't you?"
Wang X replied: "It's not a file backup, it's my personal information. The information used for study and work is product design."
Bai Moumou: "So you didn't realize that I copied some relatively confidential data of some companies."
Wang X replied, "Yes. I have never copied the data of other drivers ... ".
Wang x "I won't touch this information. I didn't copy the driver's data either. I know this very well. "
Bai Moumou: "You have more than 1000 documents here, but a few are missing. This is not to say that we can't see it technically. "
Wang X: "You can check it. I just didn't copy it. I am well aware that these data cannot be copied. " I copied all the information of some products I studied, so these documents are also here. The driver data was obtained during the operation, so I downloaded it and didn't transmit it. "
Bai Moumou: "So what did you do to the USB flash drive last night, didn't you?"
Wang X: "I checked the information last night";
Wang x: "yes, so I haven't copied the company's information since I worked." I just copied my product design when HR talked to me about leaving my job. I don't know that my product design belongs to the company's assets. I think I ... ".
Liu Er: "This involves the company's data, not just the documents. You see, it's all confidential company data, right? Single quantity, this is the most important thing for the company, as well as the roster of personnel. "
Wang X: "These data of operation and payment were distributed to everyone during the training. This is not what I want to copy alone. "
Liu Er: "This is also sent to employees in the company".
Wang X: "Then I am also an insider of the company." .
Liu 2: "Yes, but you can't take it away, can you?" You have no problem putting it on the company computer. Then copy it to a third party, whether online or offline, which is absolutely not allowed ";
9. Description of the situation, showing that Wang Nan has written his ID number, position, main work contents and other information. Facts have shown: "
The court held that
We think that the termination clause of the labor contract. The focus of the dispute between the two sides is whether the cancellation of Didi Payment Company is legal.
First of all, on the basis of the system, on the one hand, the rules and regulations of Didi Payment Company stipulate that individuals use USB flash drives to copy materials; On the other hand, Didi Payment Company and its affiliated companies, as enterprises in the online car rental industry and payment industry, have extremely high confidentiality obligations and information security protection responsibilities according to industry regulatory requirements, so relevant staff should also strictly abide by relevant rules and regulations on confidentiality and information security.
Secondly, according to the facts, Wang X himself wrote that Wang X copied the files on his work computer desktop on 20 19 10.22 with the commemorative U disk distributed by the company. Wang X advocates using the USB flash drive issued by Didi Payment Company. Didi Payment Company does not encrypt USB flash drives, and all employees of the company use unencrypted USB flash drives or personal USB flash drives to work, which is the responsibility of Didi Payment Company. Even though the U disk was identified as Wang Nan's personal belongings and was used by Wang X during his work, the system of Didi Payment Company never reported to the police, and Didi Payment Company did not object to Wang X's use of the U disk himself. In this regard, our hospital believes that Wang X signed the rules and regulations of Didi Payment Company, and he should be aware of the relevant regulations that the company's data should not be copied, and the video content of Wang X's conversation with the Risk Control Compliance Department shows that his clear-level data cannot be copied. The employees of Didi Payment Company said that they would not copy C4-level data, and the system would not give an early warning. Therefore, none of the above reasons of Wang X can be established.
Regarding the specific data copied on the USB flash drive, although Wang X did not recognize the judicial expertise, and advocated that Didi Payment Company changed the file after returning the USB flash drive, he did not apply for the expertise and knew the corresponding legal consequences. Combined with the video of Wang X's conversation with the Risk Control and Compliance Department, the court accepted Wang X's claim that the data in the appraisal opinion held by Didi Payment Company were copied, and many of these data were not his personal data as advocated by Wang X.
To sum up, Wang X's use of personal devices to copy the company's data has violated the relevant rules and regulations of Didi Payment Company, and it is not improper for Didi Payment Company to terminate the labor contract with Wang X accordingly. Wang X's appeal for Didi Payment Company to pay compensation for the illegal termination of the labor contract lacks factual and legal basis, and our court does not support it.
Referee result
Reject the appeal and uphold the original judgment.