Cats were fired in the online class!Court: The employer compensates 40,000 illegally

Cats broke into the live broadcast of the Internet lesson. Does this affect the teacher's image? When a art teacher of an education company was on the Internet, the cats at home entered the live lens 5 times. The education company believes that this is a violation of the company's rules and regulations, "The Manual of the Meeting" stipulated in the "influence of the teacher's image", for which the teacher was expelled.

The reporter was informed today that after the trial of the Guangzhou Tianhe Court of Guangzhou, the "Ying Ying Ying Book" formulated by the company obviously belongs to the expansion of explanation. According to this, the termination of the labor relationship should be illegal. Yu Yuan.

The court reminds the majority of employers to formulate the content of the rules and regulations, which must not only comply with laws and regulations, but also take into account both.

The cat star "grab the mirror", so the online class teacher was "fired"

Luo joined an educational company on July 5, 2019 as an art teacher. From March 1, 2021, Luo taught at home in accordance with the company's requirements.

On June 6, 2021, during the live broadcast of Luo, the cats in the family entered the live lens 5 times. Some students asked in the comment area: "What is the thing that is around next?"

The company believes that this behavior belongs to the violation of the company's rules and regulations, "Ying Ying Ying Meeting Manual", which stipulates the behavior of "affecting the image of the teacher", and is determined to be a level B illegal regulations. A class B violations occurred within 6 months, and the company was upgraded to a level A violation in accordance with the company's regulations.

Luo believes that a cat in the classroom screen does not belong to the act of violating the manual, nor does it affect the follow -up classroom. Therefore, he applied for arbitration to the Tianhe District Labor and Personnel Arbitration Commission, asking the company to pay the illegal liberalization of compensation for labor relations. The company filed a lawsuit with the Tianhe Court because it was not convinced.

After the court trial, the plaintiff claimed that the defendant appeared in a cat on June 6, 2021. It was determined that the behavior violated the provisions of the teacher's image of the teacher's image. " , Browse unrelated websites, chatting, answering calls, snacks, drinking milk tea, etc. with chewing action). The defendant taught at home in accordance with the plaintiff's requirements. The plaintiff should know that the teaching environment cannot be equivalent to the company. During a video lecture, the defendant appeared a cat, but it did not cause the teaching to continue the lecture. During the period, playing with mobile phones, browsing unrelated websites, chatting, answering, snacks, drinking milk tea, etc. with chewing action ", obviously belongs to expanding explanations and randomness. The plaintiff's termination of the labor relationship should be illegal.

In the end, the court ruled that the company paid Ronaldo to lift the law of illegal labor relations for 41236.16 yuan.

The judge reminds that the regulations of the employer must not only comply with laws and regulations, but also take into account fairness and reasonable

Judge Liao Yajing, a civil trial of Tianhe Court, pointed out that due to factors such as the epidemic, some employers notified the workers to work online to reduce the cost of employment. Due to the various restrictions of the environment, the office effect was indeed unable to be exactly the same as in the company's office. The company should not be demanding.

The employer has the right to punish employees' violations of law and discipline in accordance with the rules and regulations of the unit, but it shall be based on the premise that it meets the requirements of laws and regulations and life rules. Expansion of explanation and relieving labor relationships based on this should be identified as illegal acts.

Through the restriction of the employer's right to interpret the rules and regulations, the employer urges the employer to formulate a more legitimate and reasonable rules and regulations in order to prevent the use of labor relations and safeguard the legitimate rights and interests of workers.

Judge Liao Yajing reminded that the contents of the regulations and regulations of the employer must not only comply with laws and regulations, but also take into account fairness and reasonableness. In the process of implementation, the principles of legality, reasonableness, and affection should also be followed. We must not expand the explanation and even exceed the normal category of labor management. It is illegal to relieve the labor relationship and be subject to legal sanctions.

(Source: Guangzhou Daily)

【Edit: Zhang Jing】

- END -