On March 23, He Mou, an employee of a tourism company in Wulong District, Chongqing, was expelled for teasing a leader in a WeChat group, which caused concern.
In October 2019, He sent several messages such as “A large number of BOSS are about to arrive at the battlefield” in the WeChat group formed by the company’s employees during lunch.
At the beginning of November, He was informed by the company’s leaders that his behavior had a negative impact on the image of the company’s leaders and was a serious violation of company discipline, so he was expelled. The court held that the company’s dismissal of He was unfounded and unlawful, and it was judged that the company should pay He a compensation of RMB 1,1199.99.

First of all, this is the workplace. I usually say that everyone is on the same front, so I turned around and went to the boss to give a small report. There is such a person in that company, who thinks he is the confidant of the boss. Commonly known as the scheming bitch. The company’s administrative and personnel department immediately stated that Hemou violated Article 39 of the Labor Contract Law of the People’s Republic of China: “If the employee has one of the following circumstances, the employer may terminate the labor contract: serious violation of the employer’s rules and regulations. ……” He was expelled on the grounds, and he was asked to compensate the company for liquidated damages of more than 30,000 yuan. Frightening people, maybe those who are less timid, are frightened by them, obediently resign and leave, the company will not lose sight of it. Don’t be afraid when you encounter this situation in the future. In the world of censorship, you will have to pay 30,000 yuan in damages for expelling people. The sentence “A large number of BOSS is about to arrive on the battlefield” is considered a violation of the rules and regulations. Can your company’s rules exceed the law? There is no such thing as slandering the image of leaders, and the leaders are too glass-hearted. The leader of this company thought he was Emperor Qianlong, and engaged in literary prison. If speech is not free, wave your sleeves, laugh and leave.

zhiwo

By zhiwo

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helpmekim
6 months ago

Ok? How does the leader know when employees send messages in self-organized groups? ? There must be an inner ghost, someone will give a small report. They all come out to make money, instead of rushing to make friends and gathering together, treating everyone in the group as someone who can speak their minds? As everyone knows, some are “colleagues” who are ready to stab you in the back. Moreover, the more the person who stabbed the knife, the more polite to you on the surface. Therefore, the workplace has always had the most basic principle: talk less and do more. The picture is refreshing for a while, and troubles himself, why bother? Maybe you are thinking, the big deal is to change companies. Which company you change is the same. To be more insidious, he does not force you to resign, all kinds of PUA you, taunting at meetings, making things difficult at work, and discounting performance. That’s it, you go to the court to sue? The other side just forced you to resign in the end. Unless you have a deeper Taoism, hob meat, don’t take it seriously, and don’t resign. Fighting to be uncomfortable, and not letting the other person feel better. Then be frozen and see who consumes more energy. If you want to say how to evaluate this matter, it can only be said that their leadership has low EQ, and the handling is simple and rude. But there is nothing new in the sun, because the leader is offended, and there are fewer things to make things difficult in the work? Direct expulsion, this result is okay, at least there is compensation to get. I’m too lazy to criticize the leader of this company. But the spectators still think about it. If you just send a sentence, you will be stared at and reported by others. Workplaces are not campuses. Some are disputes over interests. less talking, more working. Criticizing two sentences of unscrupulous leadership will not increase your salary or make your life better. Without this one, the next one will be the same. There will be many people making small reports. Digression (1), the old youtiao will not make a small report by himself. In this chat, I saw a screenshot and forwarded it to someone who had conflicts with the resigned employee. Just wait for the contradictory one to poke up, and it’s over. The old fritters will find a silly Baitian as a gunner when they make a small report. Then he pretended to be okay beside him. Digression (2), I know very well that criticizing a capitalist will give me a lot of praise. But if you look at it, it’s cool. Can we not wait for the court to arbitrate everything we encounter in our daily life? Following the legal process, there is also a time cost. I can’t change the rules of the workplace. I can only say that under my understanding, try to protect myself. We are now watching this news and exasperating a few words, it is enjoyable. But I think no one wants to be the master in the news.

heloword
6 months ago

The second paragraph of Article 39 of the “Labor Contract Law” can be said to be one of the most abused clauses in practice. Employers have worked hard to formulate bizarre rules and regulations, and set up “red lines” for employees in the company’s work and daily life. Employees will step on thunder if they don’t pay attention. Once these so-called “red lines” are touched, the employer will immediately invoke this clause to “justify” and fire employees. This is a typical way of thinking about labor laws simply. If an employer terminates a labor contract with “serious violation of rules and regulations”, it must meet the three conditions of “clear facts, accurate basis, and legal procedures”. The rules and regulations based on “accurate basis” must first clearly define the circumstances of “serious violations of the rules and regulations”. In this case, the content of the Code of Conduct, which plays a role in rules and regulations, is very rough, and there is considerable room for interpretation. Therefore, it cannot provide a basis for the termination of the labor contract. It is recommended to engage in ghost killings in a small workplace in the future. The background is that internal ghosts often appear in small circles such as WeChat groups built by employees. Internal ghosts will often shoot black shots (disclose the chat history of the group to company leaders), and they It often lurks deep and is difficult to identify and beware of in advance. Employees are required to find out the inner ghost by asking each other. (Laughs) In addition, it can be seen from the timeline of this case why some companies dared to fire employees at will. This case occurred in October 2019, after winning the labor arbitration. In July 2020, the company filed a lawsuit in the court because of its dissatisfaction with the ruling. It was not until 2021 that employees won the final victory. The long process of defending rights and the high cost of defending rights are sufficient to persuade most workers who have been dismissed in violation of regulations.

helpyme
6 months ago

I checked it, and there really is such a thing. OK, look through the report and extract the key information. 1. Cause: A gathering of migrant workers occurred in the office area of ​​a company in Chongqing. He sent several text and emoji messages such as “a large number of bosses are about to arrive on the battlefield” in a WeChat group formed by the company’s employees. To put it simply, He blows water and spit out in the group of employees. 2. Development: He was called by company leaders to talk, and he was told that the information he sent in the employee WeChat group was inappropriate remarks, which had a negative impact on the image of company leaders, and was a serious violation of company discipline. He was asked to either voluntarily resign, or Dismissed by the company notification. He refused to voluntarily apply for resignation, and the company’s administrative personnel department stated that He violated Article 39 of the Labor Contract Law: “If the employee has one of the following circumstances, the employer can terminate the labor contract: serious violation of the employer Rules and regulations…” He was expelled on the grounds, and He was asked to compensate the company for more than 30,000 yuan in damages. As a result, the company went online. It had to say that it caused an impact and seriously violated the company’s discipline. He was asked to take the initiative to apply for resignation, otherwise he would be expelled and demand compensation of more than 30,000 yuan. 3. After: He submitted an application for arbitration, requesting the ruling company to pay more than 10,000 yuan in compensation for the illegal termination of the labor contract. 4. Result: The labor and personnel department decided to support the decision. The company refused to accept the decision and filed a lawsuit in the court. The court continued to rule that the company should pay more than 10,000 yuan in compensation for illegal termination of the labor contract. 5. The court held that: He did not seriously violate the company’s rules and regulations. First of all, He did not chat with others during work, and He did not exceed the necessary limit. At best, it can only be regarded as a mockery of the leader. Secondly, He spoke in the WeChat group formed by the employees themselves, which was not disclosed to the public and had limited impact on the company. The “Code of Conduct” formulated by the company is only a few large and extensive principled regulations, which are universal value perceptions and codes of conduct, lacking clear and specific normative guidance effects, and does not provide for the consequences of violations and specific penalties. . Summary: The company neither provided evidence to prove that the rules and regulations are legal and effective, nor did it prove that the employees’ behavior seriously violated the rules and regulations. The company made the decision to terminate the labor contract on the grounds of He Mou’s serious violation of the rules and regulations, which obviously lacked basis and was an illegal termination. The company was judged to pay more than 10,000 yuan in compensation for illegal termination of the labor contract. Personal judgment: The court factual determination and the application of the law are correct, the company has made a big fuss, went online, and there is no legal basis for firing employees. Attached, there are four common situations in which labor contracts are terminated. 1. The employer and the employee negotiate to terminate the labor contract. Article 36 of the Labor Contract Law stipulates that the employer and the employee can terminate the labor contract through consultation. 2. The employee may notify the employer in writing 30 days in advance to terminate the labor contract (the probation period is three days in advance) (1) Failure to provide labor protection or labor conditions as stipulated in the labor contract; (2) Failure to pay in full and on time Remuneration for labor; (3) Failure to pay social insurance premiums for workers in accordance with the law; (4) The employer’s rules and regulations violate the provisions of laws and regulations and harm the rights and interests of workers; (5) Due to fraud, coercion or Taking advantage of the danger of the person, causing the other party to conclude or modify the labor contract in violation of the true intentions, which renders the labor contract invalid; (6) Other circumstances where the labor contract can be terminated by laws and administrative regulations. Note: If the employer uses violence, threats, or illegally restricts personal freedom to force the worker to work, or the employer violates the rules and orders or forces risky operations to endanger the worker’s personal safety, the worker can immediately terminate the labor contract without prior notice. Employing unit 3. The employer can legally terminate the labor contract 1. If the employee is at fault and does not need to be notified 30 days in advance or pay an additional month’s wages, the details include: (1) It is proved that the employment conditions are not met during the probation period; (2) Serious violations of the employer’s rules and regulations; (3) Serious dereliction of duty, malpractices, causing significant damage to the employer; (4) The worker establishes labor relations with other employers at the same time, and is effective in completing the work tasks of the employer. Causes serious impact, or refuses to make corrections upon the employer’s request; (5) The labor contract is invalidated due to fraud, coercion or taking advantage of the danger to cause the other party to conclude or modify the labor contract in violation of the true intention; (6) Those who have been investigated for criminal responsibility in accordance with the law. 2. If the worker is not at fault, but in any of the following circumstances, the employer may terminate the labor contract after notifying the worker in writing 30 days in advance or after paying the worker an additional month’s wages: (1) The worker is sick or Non-work-related injuries, unable to perform the original job after the expiration of the prescribed medical treatment period, nor to engage in the work otherwise arranged by the employer; (2) The worker is not competent for the job, and is still not competent for the job after training or adjustment of the job position (3) The objective circumstances upon which the labor contract was concluded have undergone major changes, resulting in the failure to perform the labor contract, and the employer fails to reach an agreement on changing the content of the labor contract after negotiation with the employee. 3. Economic layoffs (1) The employer reorganizes in accordance with the provisions of the Enterprise Bankruptcy Law; (2) Serious difficulties in production and operation occur; (3) The enterprise switches to production, major technological innovations or adjustments to business methods, and after the labor contract is changed, It is still necessary to lay off personnel; (4) Other major changes in the objective economic conditions on which the labor contract was concluded have caused the labor contract to be unfulfilled. 4. The employer shall not terminate the labor contract. If the employee has one of the following circumstances, the employer The unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of the “Labor Contract Law”:    (1) Workers engaged in work exposed to occupational disease hazards have not undergone a pre-employment health check, or a suspected occupational disease patient has been diagnosed Or during the medical observation period;   (2) suffered from an occupational disease or work-related injury in the unit and was confirmed to have lost or partly lost the ability to work;   (3) suffered from an illness or a non-work-related injury within the prescribed medical period; ) Female employees during pregnancy, childbirth, or breast-feeding;   (5) Working continuously for 15 years in the unit and less than five years from the legal retirement age;   (6) Other circumstances stipulated by laws and administrative regulations.

sina156
6 months ago

The hat that is detrimental to the company’s image is perfect for the company’s leader. Isn’t it a trouble to fire employees just by “a large number of bosses are about to arrive on the battlefield”? ! ! A leader competed with an employee because of a ridicule, and even fired the employee. It makes people feel that your company’s style of doing things is not bright enough or too stingy? If I am a partner your company is cooperating with or are preparing to cooperate, I must be very forceful and run to look through the cooperation contract signed with you to see if I have calculated me, and I must be on guard when dealing with you in the future. . And it is also to give the employees of this company a shot. There are ghosts in every group of the company, even if it is a WeChat group formed by the employees themselves. Talk less and do more in the workplace. Everyone is out to make money, not to open a charity orphanage. When faced with this kind of report, it might be possible to get a promotion and raise a good impression. Not many people can refuse.

yahoo898
6 months ago

I have always said that the leaders of Chinese companies may understand business, may understand technology, and may understand humanity and sophistication. However, there is basically no real understanding of modern enterprise management. The proportion is estimated to be between 1% and 5%. This is one of the major reasons why Chinese companies hit the invisible wall as soon as they engage in internationalization. China’s chairman of the board are business managers on the surface, and they have an emperor’s dream in their hearts. A book of Organizational Behavior is placed on the bookshelf and I can’t see a few pages in a year, but I have learned management skills from emperor movies such as the Yongzheng dynasty all day, not learning management from entrepreneurs, and thinking about learning management from the founding emperor of xx all day. The mentality of most senior executives in Chinese companies is that of the ministers of military affairs and the elders of the cabinet, and respecting the master is more important than anything else. Most companies have become the top 500 companies relying on the Chinese market and policy greenhouses. The corporate culture is still at the slogan stage. It is useless except for a few words when writing various documents. The company’s rules and regulations are basically The legislation equivalent to the feudal dynasty is just to find a reason when you are arranging people. The chairman of the board is naturally eloquent and unpredictable. You have to say that there is no corporate culture, you really wronged them. This corporate culture is “Family World”, “I is the World”. Of course, legally speaking, the company is indeed the owner of the company, but the problem is that employees are not your people, and you have no power to live or kill, and there is no armed force other than security. Without the power of the emperor, if you want to use the emperor’s management method, don’t blame your people for dissatisfaction. And the most important reason why the ancient empires could manage the country in this way was that most of the time, these dynasties had no “competitors” or “friends”. After the Han Dynasty, China basically expanded its territory to the limit of its technological level at that time. The competitors on the other side of the mountain and the sea are really not to worry about. Therefore, for most emperors, the threat mainly comes from courtiers’ coups and common people’s uprisings. Natural loyalty and obedience are more important to the emperor than everything else. Therefore, all emperors unanimously chose Confucian culture as the foundation for governing the country. This is a culture that pays attention to elders and elders and unconditionally obeys the nobles and elders. This is the same thing. These leaders are clearly using the standards of ancient emperors to bring in their roles in the company. According to the feudal standards, this is called “slander of the king” and is to beheaded. To be honest, this sentence is ridicule, and indeed there is no respect for the leader, but if you say that the leader is insulted, it is a bit of a breeze and illiteracy. Well, I didn’t learn how to engage in corporate culture, but I learned to engage in literary prison. The company is not an empire, let alone an empire free from foreign troubles. Most companies will always “conquer the world” instead of “sit in the world”. This is determined by the nature of market competition. What is needed to conquer the world is “partners” rather than “minions.” Han Xin was rebellious, and Empress Lu also waited until the world had ruled before moving to kill him, but didn’t say that he would call Han Xin back and kill him when he was halfway through the fight with Xiang Yu. When Liu Bang was fighting the world, he untied his subordinates and pushed food and drink, but he didn’t say that he began to put on the emperor’s air in the middle of the war. Liu Bangna was the top 2 power at the time, and the market share was almost half. How many of your companies can rank top in the country in the world? If you learn the management style of the feudal emperor, you have to bear the evil consequences of this management style, that is, talents run away, innovation is suppressed, employees take it as their responsibility to please their superiors, and a good job is worse than a good job. This is the evil result of the imperial corporate culture. Moreover, you can’t implement this imperial management culture. After all, the emperor is the only family in the world, and the courtiers and the people will not have to quit unless they fall into trouble. The emperor still has the supreme power, and life and death are all within a single thought. As for an employee of your company, you can still change jobs without you. If you want to expel him, the labor law is in charge. If you dare to live or kill, the criminal law and public security organs are in charge of you. This is the decision. You will be the emperor in the company. , Can only treat yourself as a joke. The emperor said that whoever slashed it would slash it. You fired an employee and were fined. Isn’t it ashamed? Can you imagine Zhu Yuanzhang blamed an official and was beaten on the ground when he turned his head?

leexin
6 months ago

Such a company has a lot of randomness. It is often the company is not big and big, the wages are not many, the work is not complicated, the work is not complicated, the leaders are also kind and small, and they are so obsessed that they will cut off after everyone is fired! The following is the company’s official statement: What? Let the company pay! ! Isn’t this to condone employees? Where is the law of heaven? Where is justice? As an employee, He wilfully undermined the company’s team building, ignored the leadership’s authority, disrespected the leader, privately released indecent information in the self-constructed group, abused the title to destroy the leader… Is it tolerable or intolerable? ! Such a bad behavior, undisciplined, and extremely bad influence. Not “killing” is not enough for civilians, not “killing” is not enough to establish rules, not “killing” is not enough to thank the company collective…, we must “kill a hundred” and “kill a hundred”. future trouble”! The employee violated rules and disciplines, had no leadership, and was divided by this point, and he was really “blame” for himself, and the “guilt” was deserved! The company did a great job! ! Click “Like” for the company’s strict “management”! ! ! What’s more, this company made a big fuss and made a big essay based on the behavior of the parties involved. Anyone understands this!

greatword
6 months ago

So it’s still Dachangxiang, don’t talk about the scrolls every day and say you want to lie down. Everyone wants to go to Huawei, Tencent, pdd byte and other big factories to get millions of pocket money a year (large stocks) to achieve financial freedom. Everyone wants to go to top2 as a faculty member. Everyone wants to go to the top three, with high morals and the right to speak. Everyone wants to go to a prestigious school and enjoy the resources of the prestigious school and the best connections. You see, you are also confronting your boss. The brothers of Dayuanshen dared to shout “Zhang Yiming, you quit the group!” Zhang Yiming didn’t say anything to others, so don’t look at everyone saying that Dachang, big hospitals, colleges and universities are too tired to be a paradise. , But you go to the general school of Xiaochang Small Hospital. . . That’s even worse.

loveyou
6 months ago

Anecdote! What did the employees do in this matter: 1. The employees spoke in the WeChat group formed by the employees themselves; 2. The messages sent by the employees were emoticons that “a large number of BOSS will be on the scene”; 3. The employees did not slander the company’s image. And how did the company respond: expelled! The company believes that the employee “spreading rumors and causing trouble in the WeChat group will damage the company’s interests, image and reputation” and be expelled! Even if the labor contract involves “the employee’s rumors and incidents are harmful to the company’s interests and image, and the employer has to expel them”, does the employee’s behavior reach this level? Anyway, I don’t think it is, and it has nothing to do with the company’s image and interests. The employees only “ridicule” within the employees. The original relaxed words were actually classified as “damaging the company’s image and expelling them.” According to Article 98 of the “Labor Law”, the employer violated the conditions stipulated in this law to terminate the labor contract or Anyone who deliberately delays the conclusion of a labor contract shall be ordered by the labor administrative department to make corrections; if any damage is caused to the laborer, he shall be liable for compensation.

strongman
6 months ago

The company’s unilateral dismissal of employees for no reason is illegal.
The behavior of employees during non-working hours does not affect the company’s leaders, but it is illegal for the company to fire employees only by this. The employees did not violate the legal requirements for dismissal reasons. The company’s internal articles of association cannot contradict the law, so the company The dismissal of employees is illegal and should be liable for compensation.

stockin
6 months ago

How does the boss know about the content of the employee self-building group? The first thing that everyone thinks of must be the inner ghost, because every company has such a variety of tool people. The last second is your intimate friend. If you have a groove, you will spit and fish together, and you will change in the next second. The human flesh camera that has become a boss is still the kind with no lower limit character filter. The content is specially filmed out of context to help you rise to the immortal as soon as possible. When you come, you will sing pretensely: Who knows the vicissitudes of cultivating immortals, I am also doing this for the good of the company and for the good of everyone. But no one is stupid~ For example, this time, what everyone thinks is: I said, since you are so magnificent, it is better to pay 10,000 yuan this time, and it is up to you to get the ghost out. You are perfect, no thanks ! Therefore, colleagues are colleagues. It is enough for everyone to maintain the surface politeness of the tool person, especially in the group that can be related to the unit, it is better to be a little transparent diving. But in addition to this, there is another reason that is easy to overlook: Many companies have internal monitoring, whether it is corporate WeChat or ordinary WeChat, as long as you log in to the company computer while chatting, it is easy to be monitored by the background, as if it is in. Like a virus, it is broadcast in real time. Therefore, as long as the operation involves privacy, it is safer for everyone to use traffic. Let’s just say something fun. My former colleague was happily fishing at the work station, and he was led over and held down the mouse, so we were called over to eat melon together, ah no, prepare “Listen to the leaders’ admonition.” As a result, there were a few big words in the chat box on the screen: Asking the leader of Dad to take a very complicated look at him, and shook his hand in disgust and left. But I still remember the little resentment in my colleagues’ eyes at the time: You are all fishing, so why am I being arrested alone?! I thought to myself: I’m so old, because it’s the computer you use, who can’t catch you? Finally, if any friend is unlucky enough to run into this kind of feudal remnant leader, then it’s okay to leave and send it away. You have a great sea and sky.

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