Do teachers from being fired because of the meow stars "grabbing mirrors"? Is it reasonable and legal?

Cats broke into the live broadcast of the Internet lesson. Does this affect the teacher's image? When a art teacher of an educational company was on the Internet, the cat at home entered the live broadcast 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.

After hearing this case, the Court of Tianhe District, Guangzhou City, Guangdong Province believes that the "Ying Zhiying Manual" formulated by the company obviously belongs to the expansion of explanation. According to this, it should be illegal to lift the labor relationship. Yu Yuan.

Cats enter the live lens "Affect the image of the teacher"?

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 broadcast 5 times in the family. Some students asked in the comment area: "What is the thing in the next side?"

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.

Mo will expand the interpretation of the company's rules and regulations at will

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. " , Eat snacks, drink 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, snacks, drinking milk tea, etc. with chewing action ", obviously belongs to expanding explanations and is random. The plaintiff should be illegal to lift the labor relationship accordingly.

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

Judge remind

The rules and regulations of the employer must comply with laws and regulations, but also take into account fairness and reasonable

The judge of the Tianhe Court pointed out that due to factors such as the epidemic, some employers notified the workers to work at home to reduce employment costs. Due to the various restrictions on the environment, the office effect is indeed unable to be exactly the same as the office in the company. Reliated.

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.

The judge reminded that the contents of the regulations and regulations of employers 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: Tianhe Court

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