arrangement | Wang Xiaoman
Products | Procedural life （ID：coder _life）
Zhang, a programmer in Shanghai , He was fired for refusing the company's request to bring his computer home to work during the Spring Festival holiday .
subsequently , Zhang applied for labor arbitration , The company is required to pay compensation for the illegal termination of labor contract 19.4 Ten thousand yuan and overtime pay and other expenses , Get support . The company is not satisfied with this , Then he sued Zhang .
recently , Shanghai Pudong court made a first instance judgment on the case , It is found that the company's act of terminating the labor contract is illegal , Compensation payable to workers 19.4 Ten thousand yuan . The company appealed against it , He was later rejected , At present, the judgment has come into effect .
it is reported , Zhang is a software engineer in a consulting company in Shanghai , Already working in the division 4 year .2019 Before Chinese New Year , Zhang is responsible for the maintenance of the company's customers may need emergency services , Tell him to take the computer home for the new year , go to protest .
Subsequently, the company took “ Maliciously refuse to perform and maliciously delay the labor tasks arranged by the company , Maliciously violating the labor time regulations formulated by the company ”
He was expelled on the ground that he was a criminal . in addition , The company said Zhang was off for the Spring Festival 27 Day off , And in the meantime “ out of contact ”.
In this regard , Zhang explained that , Accompany your family during the Spring Festival holiday , There is no obligation to work , On vacation 27 day , Including Spring Festival holidays 11 day , Plus compensatory leave 12 Days and 2 It's a weekend , It's all legitimate holidays .
After hearing, Shanghai Pudong court held that , Plaintiff's claim to bring computer home during Spring Festival , In reality, there are some unexpected situations that need to be dealt with , There is nothing wrong with the plaintiff's claim , but
The defendant is on leave , There is no obligation to provide labor to the plaintiff , Therefore, its refusal to carry a computer is not a malicious refusal to work assigned by the company
. What's more? ,27 There are also proper procedures and procedures for a day off , It's not the plaintiff's claim “ out of contact ” state .
The two sides also have differences on the determination of lunch break time . The company believes that , It is clearly stipulated in the employee handbook that the lunch break is noon 12 It's half past six 13 spot , And Zhang in the last six months are from the 11 It's half past noon . In this regard , Zhang said ,
In the actual work schedule , The company did not follow the employee handbook .
Dispute over lunch break , Shanghai Pudong court held that , The defendant confirmed that the daily working hours were 8 hour , Since morning 9 2:00 to PM 5 It's half past six , They should know that the lunch break is half an hour , The defendant himself also admitted that part of the lunch time exceeded the normal reasonable time , so
The behavior can be regarded as a violation of discipline , But not yet “ Serious violation of rules and regulations ” The extent of .
in addition , The company said that Xiao Zhang also maliciously delayed the labor task .2019 year 7 month 24 day , The company informed Zhang the next morning 9 Point to customer company , Xiao Zhang did not arrive until noon . Xiao Zhang explained , He was off work when he received the notice , After obtaining the client's consent, he went back to the company to get the computer , To be late .
In response to the plaintiff's claim, the defendant failed to provide labor to the third party in time as required , Shanghai Pudong court held that , This behavior was caused by the objective reason that he returned to the company to get the computer , It's not malicious to delay the work assigned by the company .
To sum up , Shanghai Pudong court finds , The plaintiff claimed that the defendant's three disciplinary facts did not constitute a serious violation of rules and regulations , It is illegal for the plaintiff to terminate the labor contract for the above reasons , Therefore, the plaintiff's claim is rejected .
The lawsuit lasted more than a year before the final verdict . The trial judge held that ,
Employers as managers , We should keep a certain degree of tolerance and goodwill towards workers , If we blindly use the rules and regulations in the company's internal regulations to impose strict demands on the workers, we should pay attention to them all the time “ do things right ”, They even take out the idea of dismissing employees “ sharp weapon ”, It will inevitably lead to certain internal friction .
Many netizens expressed their views on the incident and the verdict ：
net friend @ Xiao achou has some Kung Fu on him ： Xiao Zhang is very arrogant , Did what I always wanted to do and didn't dare to do
net friend @ Grapefruit sweet jam ： Examples of migrant workers' rights protection
net friend @ In a flash aaa： Hope that the majority of office workers follow suit , There's a template , Let's go to work together 8 hour
net friend @ Silent night owl ： If it's in the contract , Emergency services are not divided into holidays , That company has a real excuse to fire , The problem is , Is the contract Tenable ?
net friend @I AM Eric： It's a bit too much for software engineers not to bring computers , Internet business is prone to accidents , Not clear as a professional , If there are conditions, we can talk about it , Who dares to use it without such a sense of responsibility
net friend @ Brother diligent ： Anyway , It's like this 27 day , And refuse to work at all , No one will be willing to accept it .
net friend @ The light will punish you
： Xiao Zhang's comments are mostly part-time workers , The station company's basic is the boss , Different perspectives lead to different conclusions , In fact, this is not to intensify class contradictions , It tells us to use the law to protect our legitimate rights and interests .
Will you take your computer home during the Spring Festival ? What would you do if you were assigned work by the leader during the holiday ? Welcome to vote , Discuss and communicate in the message area !