Mr. He works in a travel company in Chongqing. Since August 20 18, I have been assigned by the company to engage in the preparation and operation of an amusement park in a scenic spot in Wulong. Like all children in Chongqing, He Laoshi is a lively and playful person, who often makes jokes and expresses his opinions and opinions in the company group. In short, he is an activist.
In fact, people like Mr. He are harmless. General companies also need such people to adjust the atmosphere. If the boss is more enlightened, he won't care too much. Because Mr. He is more active, his popularity in the company is still relatively high, but he also lost to Xiao He. Mr. He was proactive and outspoken, and eventually got into trouble and got into a series of lawsuits.
The investment and construction of the company where Mr. He works in Wulong will inevitably require migrant workers. Later, for some other reasons, a migrant worker got together in June of 20 19. Grass-roots employees, including He Laoshi, quickly learned the news and discussed interaction in self-built groups. Mr. He directly sent several messages that "a large number of boss are about to arrive at the battlefield", which is quite ridiculous.
Mr. He's remarks angered the top management of the company and thought that Mr. He did not "ha". He Laoshi was also called by the direct leader to talk, accusing He Laoshi of making inappropriate remarks among employees, wantonly discrediting the image of the company's leaders, causing adverse effects and seriously violating the company's relevant disciplinary regulations. Either Mr. He resigned voluntarily or the company informed him to leave.
What a disaster. Mr. He didn't expect the company leaders to react so much because of the information he sent in the group. However, Mr. He is not a vegetarian and flatly refuses to resign. But at this time, the company was ruthless, and immediately dismissed Mr. He on the grounds of violating the relevant provisions of the Labor Contract Law, and demanded that Mr. He compensate the company for liquidated damages of 30,000 yuan.
Not only was he fired, but he also paid compensation to the company, which completely angered Mr. He, but his reasons told him to solve it according to law. Subsequently, Mr. He applied to the local labor department for arbitration, demanding that the company compensate for the termination of the labor contract 1 10,000 yuan, because the reasons for the company's dismissal could not be established, and the labor arbitration department supported Mr. He's request. However, the company refused to accept it and filed a lawsuit with the court.
The company said that Mr. He's inappropriate comments among employees were an act of "spreading rumors and damaging the company's interests, image and reputation". According to the employee code of conduct, he should be fired. Mr. He was dismissed by the company for misconduct, and he should also pay liquidated damages to set an example, so that the company can better manage employees and create benefits.
Then, what procedures do employees need to go through when they are dismissed in violation of company rules and regulations, and does the company's employee code of conduct have legal effect? In fact, this is a problem that many migrant workers are very concerned about. Many people think that the boss can dismiss employees at will, and the rules and regulations formulated by the company are the golden rule that must not be violated, but this is not the case.
With the continuous progress of the rule of law in our country, any individual or organization should carry out production and business activities within the framework of law and cannot be unscrupulous. China's "Labor Contract Law" stipulates that "the employee is proved to be incompetent during the probation period and seriously violates the rules and regulations of the employer" and other six situations that can be dismissed. The second "serious violation of the rules and regulations of the employer" is used by the general employer to dismiss the employees involved.
It can be seen that the employer can formulate relevant rules and regulations, but such rules and regulations must be formulated in accordance with the law, not in violation of the law. Moreover, to dismiss employees, it is necessary to find out the facts that violate the company system, put forward handling opinions, hold a workers' congress for discussion, and file with the labor department before they can formally dismiss employees.
The focus of the dispute in this case is whether Mr. He's behavior of teasing the company leaders in the group violates the company's rules and regulations. The available evidence shows that Mr. He did not release information during working hours. The news posted to the group can only be regarded as a joke, and there is no insult or slander. Moreover, the group is an internal employee group, which is not open to the public and has limited influence on the company.
Although the Code of Conduct for Company Employees belongs to the rules and regulations formulated according to law, it is very broad from the content of "Ten Mistakes and Ten Mistakes" and only refers to persuasion. There are no specific penalties for violating these rules and regulations, such as how to deal with "spreading rumors" and to what extent, it is not operational. Therefore, it is obviously inappropriate for the company to dismiss Mr. He by "spreading rumors".
According to the news of Chongqing Higher People's Court on March 24th, 20021,the case was tried by the local court and was pronounced a few days ago. The court held that the dismissal decision made by the company on the grounds of Mr. He's serious violation of discipline was obviously unfounded and illegal. Finally, the court ordered the company to pay compensation for the illegal termination of Mr. He's labor contract within a time limit.
Although the court protects Mr. He's labor rights and interests according to law, it does not mean that the court supports Mr. He's "outspoken" behavior. You should pay attention to your speech on any occasion. If the facts are unclear and the situation is unknown, it's best to keep your mouth shut and don't make a statement easily. This will not only make people bored, but even get into trouble in the lawsuit.
There is an old saying in China that "watching chess is not a true gentleman, but talking too much is a villain". Even if it is teasing, it may be a sword that pokes people's hearts. It is not only the embodiment of personal moral quality, but also a social norm and universal value. Don't go beyond the bottom line easily, it will cause endless trouble for yourself. The characters in this article are all pseudonyms, so please don't take your seats accordingly.