Pu on the law | "Playing workers" pay attention!Pickup on work on behalf of the work may be fired

It's almost late at work

I haven't had time to ask for leave

Find a colleague to help get a card?

no!

You may be fired ...

Working person to check in and is fired

On September 9, 2003, Li joined the Beijing Company A. The two parties agreed in the labor contract that the employee manual is an attachment to the labor contract and has the same legal effect as the labor contract.

On September 6, 2016, Company A sent Li Mou's 2016 Employee manual, which stipulated in the manual: "The company prohibits unauthorized copying software in any form, tampering or forging employees' attendance records, or assisting tampering and forgery, forgery, forgery Other employees' attendance records such as attendance records are dishonesty, and the above behaviors are serious violations of discipline. Cumulative three times (inclusive) allows others or check in for others.

Li Mou replicated his employee brake permissions into his bracelet without the permission of Company A and used it. At the same time, Li also gave his copy card to his colleagues and asked his colleagues to check in on behalf of his colleagues.

On November 30, 2020, after notifying the union of Company A, "on November 13, 2020, the company received a security report. The confirmation letter to Li Mou's serious disciplinary notice and labor relations was lifted, and Li had terminated the labor contract with Li.

Later, Li filed a labor dispute arbitration and asked Company A to pay his illegal liberation of the labor contract compensation. The Arbitration Commission did not support Li's arbitration request. Li was dissatisfied with the arbitration and sued to the court.

Court: The company belongs to the legal termination of labor contracts

In the end, the Beijing Second Intermediate People's Court concluded the case. After the trial, the court believed that Li Mou replicated the authority of his employee bracket to his bracelet without the authority authorized by Company A, and repeatedly handed the copy card to other employees to check -in and for other employees for other employees for other employees. Pickup is a dishonest behavior that foraken your attendance records and assisted others for pseudo -attendance records, and is in line with the serious violation of disciplinary situations specified in the employee manual of Company A's employee. Therefore, Company A is legally lifted a labor contract with Li.

The court did not support Li's request to lift the labor contract compensation.

The attendance system stipulates that the unit employment needs

In this case, the specific provisions of the employee's attendance system in the rules and regulations meet the actual needs of employers' employment management, and do not exceed the scope of the self -employment rights of employers. Discipline, the workers are seriously violated, and the employer has the right to terminate the labor contract with the workers. If the worker cannot work for some reason, he shall perform the leave procedures and submit the corresponding certification materials in accordance with the regulations of the employer.

As a long -term, sustainable, and stable relationship with a long -term, sustainable and stable relationship with a labor relationship with a certain attribute and personal attachment. While enjoying the rights, workers should also fulfill their obligations and fulfill their labor contracts in the principle of honesty.

In the process of fulfilling the principle of honesty and trust, workers can protect their own legitimate rights in order to help the construction of harmonious labor relations and the promotion of good social atmosphere.

At the same time, employers should also actively explore the methods of employee management, carry out corporate cultural training, enhance team cohesion, create a good working atmosphere, and guide workers to contribute their own strength.

Source: Beijing Second Intermediate Court of Golden Tianping, CCTV today's saying

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