How to deal with the work phone card after employee departure?Court: The provisions of both parties are subject to

Jiangmen Daily News (Reporter/Ling Xuemin Correspondent/Wu Xuejian) Enterprises need to equip employees with their mobile phones because of their business development. Recently, the reporter learned from the Pengjiang Court that the court tried the dispute over the use of mobile phone numbers to work together after departure. The court believes that the mobile phone number is owned by the state, and the employer applied for the opening of the number has the right to use the number of numbers. After the company is allocated by the company, the employee obtains the right to use the number. How to use the number should be subject to the agreement between the two parties.

Chen joined a shoe company in 2003 and left in July 2020. Due to management needs, the shoe company applied to the telecommunications company to open a job number and equipped to the employees in March 2018. At the same time, it explained in the "Phone Card Signing Table" remarks: If you leave, return the phone card to the company. According to the real -name system requirements of the number, the mobile phone number of the work has been registered under the name of the employee Chen.

After Chen left, the shoe company asked him to return the phone card to protect customer resources and follow up follow -up work. Because Chen refused to pay for personal use, the shoe company applied to the telecommunications company to make up for cards and change the user. Chen believes that the mobile phone number involved in the case has been authenticated in real name. In the process of use, it has opened a number of network functions involving personal privacy. The shoe company has changed the associated with the user to form an infringement. Ownership also needs to compensate for mental losses 50,000 yuan.

Faced with the prosecution, the shoe company argued that the work mobile phone number was applied for and equipped with employees. It was mainly used for work needs. Employees used the work mobile phone number during work after the company's authorization. The mobile phone number should pay the phone card according to the appointment.

According to the court, the mobile phone number belongs to the country, and the individual or unit only has the right to use the mobile phone number. The mobile phone number involved in the case was applied for the shoe company, and the company was assigned to Chen by the company. The distribution right of the number of use lies in the shoe company. Chen only enjoys the right to use the number. Regarding the use of the mobile phone number, the two parties clearly agreed that the user should pay it when the employment leave. Therefore, Chen had no right to continue using the case number after leaving, and rejected all Chen's lawsuit in accordance with the law. Chen did not accept the first instance judgment, appealed to the Jiangmen Intermediate People's Court, and maintained the results of the first instance judgment in the second instance.

● Judge says

According to the relevant provisions of the "People's Republic of China" and the "Telecommunications Regulations of the People's Republic of China", telecommunications resources are owned by the state, and the mobile phone number belongs to the telecommunications resources. Therefore, the mobile phone number is owned by the country. Essence Because the mobile phone number is registered in real -name system, it is associated with the employee's ID number. The ID number is personal information and should be protected by law. After the employee leaves, if there is an agreement for the configured mobile phone number card, employees or employers shall apply for the business in time in accordance with the contract.

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